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Good morning. Call meeting to order.

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Summer, please roll call.

3
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>> Moral Kata

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» Moral Kata

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>> here.

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» here.

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>> Scott Garnan

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» Scott Garnan

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>> here.

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» here.

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>> Uh Deb Henkins, I do not see her yet.

12
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» Uh Deb Henkins, I do not see her yet.

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Russell Wilson

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>> here.

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» here.

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>> Thomas Ryan

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» Thomas Ryan

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>> here. Okay, you have a quorum. All

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» here. Okay, you have a quorum. All

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right, since we got roll call done, item

21
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two, minutes, consider approval of

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minutes of environmental envir

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enforcement board special meeting of

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June 22nd,

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2026 and reconvene meeting of June 23

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and 24, 2026.

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» Motion to approve

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>> 29.

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» 29.

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>> Yeah.

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» Yeah.

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>> Yeah.

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» Yeah.

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>> No second.

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» No second.

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>> Who motion? A motion to approve.

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» Who motion? A motion to approve.

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>> Thank you.

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» Thank you.

40
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>> Any discussions?

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» Any discussions?

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>> Okay. Um I got a question on uh I think

43
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» Okay. Um I got a question on uh I think

44
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if you go to 29

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» um minutes of 29. Can you open please?

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» 21.

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>> The minutes from the 29th.

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» The minutes from the 29th.

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>> 29th.

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Uh it might be a typo. I just wanted to

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clarify it.

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>> What page?

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» What page?

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>> Uh the end

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» Uh the end

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number 12

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uh it says consider motion to enter

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recess until June 23, 2026.

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Is that a typo?

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>> Um no because that was from the original

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» Um no because that was from the original

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agenda. So we were through the special

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meeting and the two reconvene meetings.

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We were following along the original

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agenda. So that was an item from as it's

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as it was stated in the original agenda.

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So

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>> Okay.

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» Okay.

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>> I don't know. Mandy, do you think

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» I don't know. Mandy, do you think

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there's a different way that should have

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been

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I think it's appropriate. We went past

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the original two days that we had

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originally scheduled it, which is why we

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had the reconvene meeting on the 29th.

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Um and the the number 12 is just

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adjourning the the end of the meeting

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instead of reconvening into another day.

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>> Okay.

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» Okay.

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>> All right. It's all good. Okay. Cast

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» All right. It's all good. Okay. Cast

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your ballot.

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Yeah. Passes 40.

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Item three, executive session. Consider

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convening into executive session upon

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recommendation of the board's attorney

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pursuant to 25 Oklahoma statute 307B4

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and city of Enid code 8-3H-1C

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to conduct confidential communication

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between the board and its attorney

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concerning a pending action where the

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board

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with the advice of its attorney

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determines that disclosure would

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seriously impair its ability to process

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the processing proceedings in the public

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interest. specifically for the purpose

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of receiving legal advice and

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deliberating at the conclusion of the

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trial. Dooo

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hearing held in appeal of notice of

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violation order number no 001 and

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related administrative order issued to

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midcontent packaging inc and reconvene

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into special session to announce its

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decision in the form of written

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findings.

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Do I have a motion?

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>> I will make a motion for to go into

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» I will make a motion for to go into

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executive session.

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>> Second.

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» Second.

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>> All right. Catch your ballot.

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» Passes 5-0.

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>> We're going to be downstairs in the

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» We're going to be downstairs in the

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lower level conference room for

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executive session today. Guys,

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>> do I have a motion to reconvene into the

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» do I have a motion to reconvene into the

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regular session?

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>> I'll motion to reconvene.

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» I'll motion to reconvene.

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>> I'll second it. All right. Cast your

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» I'll second it. All right. Cast your

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ballot.

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All right. So,

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do we need to continue?

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>> We need a motion to continue.

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» We need a motion to continue.

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>> Motion to continue.

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» Motion to continue.

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>> It will need to have date, time, place.

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» It will need to have date, time, place.

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>> Okay. So,

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» Okay. So,

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>> so I will motion to reconvene

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» so I will motion to reconvene

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uh tomorrow, August 10th, at 10th.

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>> August 11th. I apologize. tomorrow,

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» August 11th. I apologize. tomorrow,

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August 11th, at 10:00 a.m. here,

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the council chambers.

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>> Yep. Okay,

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» Yep. Okay,

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>> I'll second.

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» I'll second.

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>> All right, cast your ballot. Have any

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» All right, cast your ballot. Have any

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discussion? All right.

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All right. Passes

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50. So, we'll reconvening tomorrow at

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10:00.

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>> Yes.

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» Yes.

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>> 2:00.

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» 2:00.

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>> Okay.

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» Okay.

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All right. Um item five, public

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comments.

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>> Uh public comments is held till the end

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» Uh public comments is held till the end

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of the

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>> Oh, okay.

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» Oh, okay.

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>> We haven't finished the executive

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» We haven't finished the executive

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session.

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>> Executive session. We'll we'll pick up

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» Executive session. We'll we'll pick up

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public comment tomorrow after we've

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finished the executive session.

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>> Perfect. Okay,

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» Perfect. Okay,

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then

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I guess.

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>> Y.

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» Y.

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>> All right. Motion. Do I have a motion to

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» All right. Motion. Do I have a motion to

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adjourn?

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>> Um are we adjourning?

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» Um are we adjourning?

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>> We're we're continuing the motion.

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» We're we're continuing the motion.

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>> We have already we've already had our

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» We have already we've already had our

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motion to continue the meeting. We're

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We're good to go.

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>> Yeah.

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» Yeah.

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>> Cool.

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» Cool.

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>> Yep.

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» Yep.

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>> Quit dragging it out.

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» All right. Um, do I have a motion to

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reconvene?

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>> Uh, we'll make a motion to reconvene.

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» Uh, we'll make a motion to reconvene.

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>> All right.

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» All right.

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>> I'll second.

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» I'll second.

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>> Catch your ballot.

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» All right. It passes 40. Do we need roll

212
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call? Okay. Just making sure.

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>> No, I don't think so.

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» No, I don't think so.

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>> We don't. You're just going to No, we're

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» We don't. You're just going to No, we're

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just She's just going to note that um

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Tom is not at the reconvene meeting.

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>> Okay.

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» Okay.

221
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>> All right. Um do I have a motion to

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» All right. Um do I have a motion to

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reconvene into

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>> um

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» um

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>> I will make a motion to reconvene into

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» I will make a motion to reconvene into

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executive session.

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>> I second it.

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» I second it.

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>> All right. Cast your ballot.

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» All right. Cast your ballot.

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Passes 40. So,

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» do I have a motion to reconvene?

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>> Make a motion to reconvene.

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» Make a motion to reconvene.

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>> I second it.

238
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» I second it.

239
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>> Cash your ballot. Oh, sorry.

240
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» That was mine.

241
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>> That one.

242
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» That one.

243
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>> Cash your ballot. passes 40.

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» All right.

245
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>> He's going to read the order and then

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» He's going to read the order and then

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we'll look for a motion on the order.

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>> Okay.

249
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» Okay.

250
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>> Whenever we get the final order.

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He gave you control.

252
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>> Yep. Now he needs to open the document.

253
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Can you get the order pulled up?

254
00:08:22,800 --> 00:08:26,629
All right.

255
00:08:26,639 --> 00:08:30,070
Okay.

256
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Findings of fact conclusions of law and

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order of the city of Enid environmental

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informance board.

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The above slated matter came on the

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hearing before the city of India

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environmental

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environment board here in after called

263
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board

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for midcontinent packing here in after

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called midcontent

266
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appeal of the city of Enit here in call

267
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herein after city of city notice of

268
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violation no 001 issued July 22nd

269
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2025 5. Its administrative order issued

270
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November 21, 2025

271
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and its amendment administrative order

272
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issued March 16, 2026

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pursuant to city of uh init ordinances

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8-

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3H-1

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C. This appeal to board was conducted as

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a trial dooo

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Pursuant to ENIT code of ordinance

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8-3H-1,

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the board consists of the city's code

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official, the city's director of

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engineering services, two

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representatives

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from among

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holding permits from the city as

286
00:10:00,480 --> 00:10:04,480
significant industrial users, SIU

287
00:10:04,480 --> 00:10:09,120
and a resident member resident member

288
00:10:09,120 --> 00:10:11,920
The board is chaired by director of

289
00:10:11,920 --> 00:10:14,240
engineering Muralik Kata. The city code

290
00:10:14,240 --> 00:10:17,760
official is Scott Garnet. The two SIU

291
00:10:17,760 --> 00:10:20,720
representatives are Debbie Henkins,

292
00:10:20,720 --> 00:10:23,200
corporate environmental health and

293
00:10:23,200 --> 00:10:26,720
safety manager at Parish Enterprises and

294
00:10:26,720 --> 00:10:29,120
Russell Wilson, director of facility

295
00:10:29,120 --> 00:10:31,839
services at Integras Health, the city

296
00:10:31,839 --> 00:10:33,600
resident

297
00:10:33,600 --> 00:10:37,120
member Thomas Ry.

298
00:10:37,120 --> 00:10:39,920
The board is subjected to Oklahoma Open

299
00:10:39,920 --> 00:10:41,920
Meetings Act.

300
00:10:41,920 --> 00:10:45,360
The board convened for 3-day

301
00:10:45,360 --> 00:10:48,959
evident evidentary hearing on June 22nd,

302
00:10:48,959 --> 00:10:53,519
2026, June 23rd, 2026, and June 29,

303
00:10:53,519 --> 00:10:57,040
2026. A public meeting notice was posted

304
00:10:57,040 --> 00:11:00,640
for June 22nd and June 23rd meetings. A

305
00:11:00,640 --> 00:11:03,360
separate a separate public meeting

306
00:11:03,360 --> 00:11:06,079
notice was posted for the continuation

307
00:11:06,079 --> 00:11:10,000
of the hearing on June 29th, 2026. A

308
00:11:10,000 --> 00:11:12,959
quorum of board was presented throughout

309
00:11:12,959 --> 00:11:15,279
all the portions of the hearing. The

310
00:11:15,279 --> 00:11:18,560
city appeared by and through its council

311
00:11:18,560 --> 00:11:22,079
of record Kaye Maddie Davis and Tom

312
00:11:22,079 --> 00:11:25,120
Ferguson. the the respondent the

313
00:11:25,120 --> 00:11:27,760
midcontinents appeared by and through

314
00:11:27,760 --> 00:11:30,959
its council of Ricard Mark Walker and

315
00:11:30,959 --> 00:11:32,720
Hank

316
00:11:32,720 --> 00:11:35,120
Heron

317
00:11:35,120 --> 00:11:38,480
prior to the evidentary hearing the

318
00:11:38,480 --> 00:11:40,880
board considered Midcontinent's motion

319
00:11:40,880 --> 00:11:44,160
to continue the city's response the

320
00:11:44,160 --> 00:11:47,040
midcontinent's reply the motion to

321
00:11:47,040 --> 00:11:49,920
continue was denied and the matter

322
00:11:49,920 --> 00:11:54,069
proceeded to hearing Present

323
00:11:54,079 --> 00:11:58,640
in its code of ordinance 8-3H-1C

324
00:11:58,640 --> 00:12:01,040
provides that written findings will be

325
00:12:01,040 --> 00:12:03,839
made at the conclusion of each hearing

326
00:12:03,839 --> 00:12:06,000
and deliberations

327
00:12:06,000 --> 00:12:08,240
will occur in executive session.

328
00:12:08,240 --> 00:12:11,440
Thereafter the board convene in properly

329
00:12:11,440 --> 00:12:15,040
noticed meeting on August 10, 2026 and

330
00:12:15,040 --> 00:12:18,160
deliberated in executive session. The

331
00:12:18,160 --> 00:12:21,839
August 20 August 10, 2026 meeting of

332
00:12:21,839 --> 00:12:25,279
board was continued to August 11, 2026

333
00:12:25,279 --> 00:12:28,240
to allow for additional deliberation in

334
00:12:28,240 --> 00:12:30,720
executive session. During his executive

335
00:12:30,720 --> 00:12:33,920
session at the August 10 and August 11th

336
00:12:33,920 --> 00:12:37,920
meeting, the board examined and pleading

337
00:12:37,920 --> 00:12:40,480
and considered all the evidence and

338
00:12:40,480 --> 00:12:43,040
arguments presented by council during

339
00:12:43,040 --> 00:12:46,079
the evidentary hearing. Upon leaving

340
00:12:46,079 --> 00:12:49,360
executive session, the board convened

341
00:12:49,360 --> 00:12:51,920
the open public meeting and cast words

342
00:12:51,920 --> 00:12:54,880
regarding the adoption adoption of

343
00:12:54,880 --> 00:12:57,440
findings of the fact, conclusion of law

344
00:12:57,440 --> 00:13:01,040
and fi final order as reflection herein.

345
00:13:01,040 --> 00:13:03,279
Findings of fact. The city owns and

346
00:13:03,279 --> 00:13:05,680
operates a public-owned treatment works

347
00:13:05,680 --> 00:13:07,519
POW,

348
00:13:07,519 --> 00:13:11,680
also referred to the referred to as the

349
00:13:11,680 --> 00:13:14,399
water reclamation facility, WRF, which

350
00:13:14,399 --> 00:13:16,320
treats waste water from residents,

351
00:13:16,320 --> 00:13:18,720
business, and industrial industries

352
00:13:18,720 --> 00:13:20,320
before

353
00:13:20,320 --> 00:13:22,880
discharging treated effluent to skeleton

354
00:13:22,880 --> 00:13:26,639
creek. Wish water entering to PW

355
00:13:26,639 --> 00:13:29,120
contains contaminants that must be

356
00:13:29,120 --> 00:13:31,279
removed through discharge including

357
00:13:31,279 --> 00:13:33,519
ammonia, phosphorus, suspended solids,

358
00:13:33,519 --> 00:13:35,680
organic material

359
00:13:35,680 --> 00:13:38,480
and other pollutants.

360
00:13:38,480 --> 00:13:40,959
Influent samples were influent samples

361
00:13:40,959 --> 00:13:43,200
are evidence of what entered into the

362
00:13:43,200 --> 00:13:46,880
plant. Influent water is what the

363
00:13:46,880 --> 00:13:49,920
biomass would be exposed to subject to

364
00:13:49,920 --> 00:13:52,240
flow rate, basin volume and hydraulic

365
00:13:52,240 --> 00:13:54,959
retention time. The init water

366
00:13:54,959 --> 00:13:57,600
reclamation facility WRF includes both

367
00:13:57,600 --> 00:13:58,959
physical treatment process and

368
00:13:58,959 --> 00:14:01,040
biological treatment process. The

369
00:14:01,040 --> 00:14:02,880
biological treatment process relies on

370
00:14:02,880 --> 00:14:05,600
biomass that includes bacteria and high

371
00:14:05,600 --> 00:14:10,480
life forms. But bacteria are primarily

372
00:14:10,480 --> 00:14:12,959
primarily responsible for facilitating

373
00:14:12,959 --> 00:14:14,480
the treatment process to remove

374
00:14:14,480 --> 00:14:16,160
pollutants from waste water before

375
00:14:16,160 --> 00:14:17,839
discharge.

376
00:14:17,839 --> 00:14:21,279
The init WRF can be discharged as the

377
00:14:21,279 --> 00:14:24,720
act can be described as activated sludge

378
00:14:24,720 --> 00:14:27,680
treatment system because it uses active

379
00:14:27,680 --> 00:14:30,560
biomass and living organisms to treat

380
00:14:30,560 --> 00:14:34,069
waste water.

381
00:14:34,079 --> 00:14:36,000
The primary treatment includes physical

382
00:14:36,000 --> 00:14:38,720
process such as screening, grit removal

383
00:14:38,720 --> 00:14:40,560
and

384
00:14:40,560 --> 00:14:42,480
gravity settling

385
00:14:42,480 --> 00:14:44,000
while secondary treatment includes

386
00:14:44,000 --> 00:14:45,680
biological treatment process. The

387
00:14:45,680 --> 00:14:48,320
activator sludge treatment relies on

388
00:14:48,320 --> 00:14:51,120
biological conven

389
00:14:51,120 --> 00:14:53,760
conversion of soluble organic material

390
00:14:53,760 --> 00:14:56,880
into biomass by micro

391
00:14:56,880 --> 00:15:00,320
microbial population and that

392
00:15:00,320 --> 00:15:02,240
nitrification requires functioning

393
00:15:02,240 --> 00:15:05,519
ammonia oxidizing and nitrate nitrite

394
00:15:05,519 --> 00:15:08,720
oxidizing bacteria under aerobic

395
00:15:08,720 --> 00:15:11,680
conditions.

396
00:15:11,680 --> 00:15:13,519
Nitrification is a biologically

397
00:15:13,519 --> 00:15:16,800
facilitated process in which ammonia is

398
00:15:16,800 --> 00:15:20,240
converted into nitrate and then nitrate.

399
00:15:20,240 --> 00:15:22,959
Ammonia oxidizing bacteria con convert

400
00:15:22,959 --> 00:15:26,639
ammonia into nitrate and nitrite

401
00:15:26,639 --> 00:15:29,680
oxidizing bacteria convert into nitrate.

402
00:15:29,680 --> 00:15:31,920
Nitrifying bacteria are sensitive

403
00:15:31,920 --> 00:15:35,120
organisms and grow more slowly than

404
00:15:35,120 --> 00:15:38,480
hetrorotrophic bacteria. They are more s

405
00:15:38,480 --> 00:15:40,480
sensitive than many other or

406
00:15:40,480 --> 00:15:42,880
microorganisms present within the

407
00:15:42,880 --> 00:15:45,760
activated sludge process. Once damaged

408
00:15:45,760 --> 00:15:48,399
or inhibited, they require significant

409
00:15:48,399 --> 00:15:51,519
time and effort to restore. Inhibitation

410
00:15:51,519 --> 00:15:54,399
process. Inhibition process sorry

411
00:15:54,399 --> 00:15:57,600
inhibition reduces treatment rate while

412
00:15:57,600 --> 00:16:01,040
toxicity more directly relates to no

413
00:16:01,040 --> 00:16:04,160
treatment. Loss of inhibitation of

414
00:16:04,160 --> 00:16:06,720
nitrifying bacteria results in increased

415
00:16:06,720 --> 00:16:09,600
effluent ammonia. Ammonia is present in

416
00:16:09,600 --> 00:16:13,519
in its WRF influent and is a necessary

417
00:16:13,519 --> 00:16:15,680
nutrient for

418
00:16:15,680 --> 00:16:18,480
biological growth. Ammonia can be a

419
00:16:18,480 --> 00:16:22,320
pollutant of concern if discharged into

420
00:16:22,320 --> 00:16:24,560
the receiving stream.

421
00:16:24,560 --> 00:16:26,560
Ammonia

422
00:16:26,560 --> 00:16:29,199
discharged to a receiving stream can

423
00:16:29,199 --> 00:16:32,240
contribute to a

424
00:16:32,240 --> 00:16:35,440
algae problem. Algae blooms, oxidation,

425
00:16:35,440 --> 00:16:38,160
oxygen depletion and fish kills in the

426
00:16:38,160 --> 00:16:41,519
am in that ammonia itself can be a toxic

427
00:16:41,519 --> 00:16:44,320
to fish and other aquatic species.

428
00:16:44,320 --> 00:16:48,560
Organic material material rem is removal

429
00:16:48,560 --> 00:16:51,680
is important because oxygen demanding

430
00:16:51,680 --> 00:16:53,839
substance discharge to a receiving

431
00:16:53,839 --> 00:16:56,480
stream can deplete dissolved oxygen and

432
00:16:56,480 --> 00:16:59,440
cause fish kill. Phosphorus removal at

433
00:16:59,440 --> 00:17:02,560
the init water reclamation facility also

434
00:17:02,560 --> 00:17:05,919
depends on biological activity including

435
00:17:05,919 --> 00:17:11,829
phosphate accumulating organisms.

436
00:17:11,839 --> 00:17:14,240
Disruption to the activated sludge

437
00:17:14,240 --> 00:17:17,039
process may adversely affect phosphorus

438
00:17:17,039 --> 00:17:19,439
removal, flock formation, solid

439
00:17:19,439 --> 00:17:22,480
settling, sludge quality and overall

440
00:17:22,480 --> 00:17:24,400
efficiency effectiveness of the

441
00:17:24,400 --> 00:17:30,230
treatment process.

442
00:17:30,240 --> 00:17:32,480
Quadinary ammonium compounds here in

443
00:17:32,480 --> 00:17:35,280
call quack are used as disinfectant

444
00:17:35,280 --> 00:17:38,320
surface in industrial cleaning products.

445
00:17:38,320 --> 00:17:40,480
Quark compounds

446
00:17:40,480 --> 00:17:43,919
disrupt bacterial cell membrane which is

447
00:17:43,919 --> 00:17:46,880
the disinfecting mechanism. Quarks have

448
00:17:46,880 --> 00:17:49,919
similar impacts on treatment plants

449
00:17:49,919 --> 00:17:52,160
including inhibitation and toxicity to

450
00:17:52,160 --> 00:17:55,919
biomass. Quarks inhibit nitrification

451
00:17:55,919 --> 00:17:58,559
and can be toxic to activated sludge.

452
00:17:58,559 --> 00:18:01,200
Quarks can be

453
00:18:01,200 --> 00:18:05,840
inhibitory to toxic to aquatic life.

454
00:18:05,840 --> 00:18:08,640
inhibitory are toxic to aquatic life.

455
00:18:08,640 --> 00:18:12,000
Dr. Stover here in after call

456
00:18:12,000 --> 00:18:16,960
stove and Dr. Ed here in our after edged

457
00:18:16,960 --> 00:18:20,960
that quacks may be capable of infer

458
00:18:20,960 --> 00:18:23,600
interfering with the biological

459
00:18:23,600 --> 00:18:26,160
treatment process at a wastewater

460
00:18:26,160 --> 00:18:28,640
treatment plant under appropriate

461
00:18:28,640 --> 00:18:32,230
conditions.

462
00:18:32,240 --> 00:18:35,600
Both experts also agreed that quarks may

463
00:18:35,600 --> 00:18:37,679
inhibit or adversely affect the

464
00:18:37,679 --> 00:18:39,360
microorganisms responsible for

465
00:18:39,360 --> 00:18:41,919
biological wastewater treatment plant.

466
00:18:41,919 --> 00:18:44,880
Sto identified a published literature

467
00:18:44,880 --> 00:18:47,039
reporting inhibitation of nitrification

468
00:18:47,039 --> 00:18:49,919
at concentrations ranging from

469
00:18:49,919 --> 00:18:53,280
approximately 0.1 to 1 mgs per liter to

470
00:18:53,280 --> 00:18:57,679
3 to 5 mgs per liter and that no one has

471
00:18:57,679 --> 00:19:01,039
determined any set number. Midc condens

472
00:19:01,039 --> 00:19:04,080
exhibit 47 states that quacks kill

473
00:19:04,080 --> 00:19:06,559
bacteria by disrupting cell membrane.

474
00:19:06,559 --> 00:19:09,280
Recognizing operator concern over

475
00:19:09,280 --> 00:19:12,559
wastewater treatment plant upsets and

476
00:19:12,559 --> 00:19:18,000
shows toxicity depends depends on MLSS

477
00:19:18,000 --> 00:19:21,679
sludge health and operating conditions.

478
00:19:21,679 --> 00:19:24,640
It also inhibitation at concentration

479
00:19:24,640 --> 00:19:27,600
well above 50 grams per liter when mixed

480
00:19:27,600 --> 00:19:30,960
liquor surrendered solids MLSS is lower

481
00:19:30,960 --> 00:19:34,320
around 10 to 20 parts per million of

482
00:19:34,320 --> 00:19:37,120
nitrification.

483
00:19:37,120 --> 00:19:40,720
The studies relied upon by Eddie did not

484
00:19:40,720 --> 00:19:42,720
involve in its activated sludge

485
00:19:42,720 --> 00:19:45,039
nitrification process but instead

486
00:19:45,039 --> 00:19:47,440
address different different biological

487
00:19:47,440 --> 00:19:50,320
process including ditrification and

488
00:19:50,320 --> 00:19:52,480
aerobic treatment system and other

489
00:19:52,480 --> 00:19:55,520
wastewater environments. The city is

490
00:19:55,520 --> 00:19:58,960
regulated by ODQ and Oklahoma Department

491
00:19:58,960 --> 00:20:01,440
of Environmental Quality, which in turn

492
00:20:01,440 --> 00:20:06,720
operates the operates with delegated

493
00:20:06,720 --> 00:20:09,919
authority to regulate under the federal

494
00:20:09,919 --> 00:20:14,400
clean water act of 1972 to implement the

495
00:20:14,400 --> 00:20:16,480
National Pollution Discharge Elimination

496
00:20:16,480 --> 00:20:18,640
System called NPDES.

497
00:20:18,640 --> 00:20:21,840
The NPDS permit program address water

498
00:20:21,840 --> 00:20:24,160
pollution by regulating

499
00:20:24,160 --> 00:20:26,480
point source that discharge pollutants

500
00:20:26,480 --> 00:20:28,000
to

501
00:20:28,000 --> 00:20:30,720
waters of United States.

502
00:20:30,720 --> 00:20:34,080
It it was created in 1972 by clean water

503
00:20:34,080 --> 00:20:37,039
act. Under the NPDS permit program

504
00:20:37,039 --> 00:20:39,840
states governments are authorized by the

505
00:20:39,840 --> 00:20:41,440
United States Environmental Protection

506
00:20:41,440 --> 00:20:46,559
Agency EPA to perform many permitting

507
00:20:46,559 --> 00:20:48,320
administrative and enforcement aspects

508
00:20:48,320 --> 00:20:51,440
of the program. OBDS permit number

509
00:20:51,440 --> 00:20:54,470
OK00021628

510
00:20:54,480 --> 00:20:57,200
authorizes the city to discharge treated

511
00:20:57,200 --> 00:21:00,080
waste water to Skeleton Creek subject to

512
00:21:00,080 --> 00:21:02,640
specific number numerical affluent

513
00:21:02,640 --> 00:21:04,960
limitations and monitoring requirements

514
00:21:04,960 --> 00:21:09,200
including ammonia limits of 4.0 mgs per

515
00:21:09,200 --> 00:21:14,000
liter monthly average and 6.0 zero mgs

516
00:21:14,000 --> 00:21:17,360
per liter liter weekly average and

517
00:21:17,360 --> 00:21:20,320
requirements that the permit complies

518
00:21:20,320 --> 00:21:23,360
with all permit conditions conduct

519
00:21:23,360 --> 00:21:26,080
routine sampling and submit electronic

520
00:21:26,080 --> 00:21:28,240
discharging discharge monitoring

521
00:21:28,240 --> 00:21:30,080
reports.

522
00:21:30,080 --> 00:21:32,559
The city's permit further prohibits the

523
00:21:32,559 --> 00:21:34,799
discharge of pollution pollutants in a

524
00:21:34,799 --> 00:21:36,960
manner that interfere with the treatment

525
00:21:36,960 --> 00:21:43,990
process or causes deliterate

526
00:21:44,000 --> 00:21:48,559
deliturous effects to receiving waters

527
00:21:48,559 --> 00:21:50,720
thereby defining the regulatory

528
00:21:50,720 --> 00:21:53,520
standards against which the document

529
00:21:53,520 --> 00:21:55,679
affluent concentration and discharge

530
00:21:55,679 --> 00:21:59,750
continues to violation.

531
00:21:59,760 --> 00:22:02,799
The city's OBDS permit gowns operate of

532
00:22:02,799 --> 00:22:05,919
WRF and authorizes discharge into

533
00:22:05,919 --> 00:22:08,799
Skeleton Creek and imposes mandatory

534
00:22:08,799 --> 00:22:10,960
discharge and monitoring obligations on

535
00:22:10,960 --> 00:22:15,280
the city. Failure to comply

536
00:22:15,280 --> 00:22:19,440
with the OPDS permit may results in ODQ

537
00:22:19,440 --> 00:22:23,760
investigation, notices of violation,

538
00:22:23,760 --> 00:22:26,159
imposition of corrective requirements,

539
00:22:26,159 --> 00:22:30,870
additional monitoring and penalties.

540
00:22:30,880 --> 00:22:33,520
I forgot to start reading numbers.

541
00:22:33,520 --> 00:22:37,679
That's okay. Number 31. As the holder of

542
00:22:37,679 --> 00:22:40,000
the OPDS permit, the city is legally

543
00:22:40,000 --> 00:22:42,880
responsible for the quality of treated

544
00:22:42,880 --> 00:22:45,280
affluent discharged from the water

545
00:22:45,280 --> 00:22:47,360
reclamation facility.

546
00:22:47,360 --> 00:22:49,600
Regardless of whether pollutants cause

547
00:22:49,600 --> 00:22:51,440
or contributing to a per permit

548
00:22:51,440 --> 00:22:53,120
violation

549
00:22:53,120 --> 00:22:55,360
originate from residential, commercial

550
00:22:55,360 --> 00:22:58,080
or industrial user users of the

551
00:22:58,080 --> 00:23:01,679
collection system. Number 32.

552
00:23:01,679 --> 00:23:04,240
The city is responsible for compliance

553
00:23:04,240 --> 00:23:07,760
with its OPDS permit and is required to

554
00:23:07,760 --> 00:23:10,080
operate and maintain as industrial

555
00:23:10,080 --> 00:23:12,799
pre-treatment program designed to

556
00:23:12,799 --> 00:23:15,520
prevent pollution pollutants discharged

557
00:23:15,520 --> 00:23:18,559
by industries industrial users from

558
00:23:18,559 --> 00:23:21,120
interfering with treatment pro

559
00:23:21,120 --> 00:23:26,400
operations passing through PW untreated

560
00:23:26,400 --> 00:23:28,320
damaging treat damaging treatment

561
00:23:28,320 --> 00:23:30,640
process are require or equipments

562
00:23:30,640 --> 00:23:33,520
creating hazard service are causing

563
00:23:33,520 --> 00:23:36,400
violations of the city's OPDS permit

564
00:23:36,400 --> 00:23:39,600
number 33. Pursuant to ENIT code of

565
00:23:39,600 --> 00:23:43,280
ordinance 8-3A-2,

566
00:23:43,280 --> 00:23:47,039
SIUS may include an industrial user

567
00:23:47,039 --> 00:23:50,640
discharging more than 25,000

568
00:23:50,640 --> 00:23:53,360
gallons per day. A categorical

569
00:23:53,360 --> 00:23:56,000
industrial user or a user with the

570
00:23:56,000 --> 00:23:58,559
capability of discharging toxic

571
00:23:58,559 --> 00:24:00,799
pollutants.

572
00:24:00,799 --> 00:24:04,240
Number 34. The city regulates SIUS

573
00:24:04,240 --> 00:24:06,799
through industrial wastewater permits.

574
00:24:06,799 --> 00:24:09,520
This the sewer use ordinance

575
00:24:09,520 --> 00:24:11,520
inspections, monitoring, sampling,

576
00:24:11,520 --> 00:24:13,360
reporting requirements, and other

577
00:24:13,360 --> 00:24:16,400
pre-treatment measures intended to

578
00:24:16,400 --> 00:24:20,480
protect the POW. Number 35. SUS are

579
00:24:20,480 --> 00:24:23,039
required to comply with their industrial

580
00:24:23,039 --> 00:24:25,919
user discharge permits. Notify the city

581
00:24:25,919 --> 00:24:29,760
of M. Notify the city of material

582
00:24:29,760 --> 00:24:31,760
operation changes affecting the

583
00:24:31,760 --> 00:24:34,559
wastewater discharge. Report a slug or

584
00:24:34,559 --> 00:24:36,799
other significant discharge events.

585
00:24:36,799 --> 00:24:39,520
Comply with applicable pre-treatment

586
00:24:39,520 --> 00:24:41,840
requirements and cooperate with the

587
00:24:41,840 --> 00:24:44,640
city's pre-treatment program. Number 36.

588
00:24:44,640 --> 00:24:48,880
Mid-Continent is a SIU of the city sewer

589
00:24:48,880 --> 00:24:52,320
system who operated under a city issued

590
00:24:52,320 --> 00:24:55,840
industrial wastewater permit during the

591
00:24:55,840 --> 00:24:58,320
relevant time period. Number 37.

592
00:24:58,320 --> 00:25:00,320
Midcondent's business involves mixing

593
00:25:00,320 --> 00:25:03,440
and packing chemicals,

594
00:25:03,440 --> 00:25:06,720
packaging chemicals, cleaning products

595
00:25:06,720 --> 00:25:09,679
including sanitizers,

596
00:25:09,679 --> 00:25:11,919
soaps, toilet products and other

597
00:25:11,919 --> 00:25:14,799
cleaning or surface active surface

598
00:25:14,799 --> 00:25:17,679
active products that include quax and

599
00:25:17,679 --> 00:25:20,240
other toxic compounds.

600
00:25:20,240 --> 00:25:22,799
Number 38. Midc condens permit during

601
00:25:22,799 --> 00:25:25,679
the relevant time period was in effect

602
00:25:25,679 --> 00:25:29,600
from June 3, 2023rd, 2020 through June

603
00:25:29,600 --> 00:25:33,440
2, 2025. Midcontinent permit requires

604
00:25:33,440 --> 00:25:36,000
samples to be taken. A proper sampling

605
00:25:36,000 --> 00:25:39,840
point requires a location that is safe,

606
00:25:39,840 --> 00:25:42,400
accessible, representative of the users

607
00:25:42,400 --> 00:25:45,840
discharge and isolated from mixing with

608
00:25:45,840 --> 00:25:49,120
other users affluent. Number 41. The

609
00:25:49,120 --> 00:25:52,159
city expressed concerns about

610
00:25:52,159 --> 00:25:54,880
midcontinent sampling point and methods.

611
00:25:54,880 --> 00:25:58,159
The sampling point was a floor drain

612
00:25:58,159 --> 00:26:00,240
located inside the facility. The

613
00:26:00,240 --> 00:26:02,880
sampling point method involves vacuuming

614
00:26:02,880 --> 00:26:05,919
the floor drain. The location and method

615
00:26:05,919 --> 00:26:08,320
did not provide a good representative

616
00:26:08,320 --> 00:26:11,120
sample of midcontinents discharge.

617
00:26:11,120 --> 00:26:14,559
Number 42. City of Enid environment

618
00:26:14,559 --> 00:26:19,279
environmental special specialist

619
00:26:19,279 --> 00:26:23,120
um Stephanie Sanders here in call herein

620
00:26:23,120 --> 00:26:26,159
after Sanders issued a directive

621
00:26:26,159 --> 00:26:29,200
requiring midcontinent to identify and

622
00:26:29,200 --> 00:26:33,200
implement a safer and remove sorry safer

623
00:26:33,200 --> 00:26:35,120
and more representative sampling

624
00:26:35,120 --> 00:26:38,240
location. Number 43

625
00:26:38,240 --> 00:26:41,679
Sanders the city midcarnate and envir

626
00:26:41,679 --> 00:26:44,799
engineering and consulting here in after

627
00:26:44,799 --> 00:26:47,039
envir work together to evaluate

628
00:26:47,039 --> 00:26:49,840
discharge pathways and identify a

629
00:26:49,840 --> 00:26:54,310
suitable sampling location.

630
00:26:54,320 --> 00:26:57,840
Number 44. Documented die testing

631
00:26:57,840 --> 00:26:59,840
established that waste water discharge

632
00:26:59,840 --> 00:27:02,880
from Midcontent's internal flow drains

633
00:27:02,880 --> 00:27:06,159
is hydraulic hy hydraulically connected

634
00:27:06,159 --> 00:27:08,799
to the city's sewer sanitary sewer

635
00:27:08,799 --> 00:27:12,000
system and specifically traveled travels

636
00:27:12,000 --> 00:27:14,240
from the facility through laterals

637
00:27:14,240 --> 00:27:20,159
lateral lines to manhole MH 1P020

638
00:27:20,159 --> 00:27:23,440
where dye introduced into production

639
00:27:23,440 --> 00:27:27,279
area floor drain was directly

640
00:27:27,279 --> 00:27:29,440
observed at the manhole thereby

641
00:27:29,440 --> 00:27:31,600
establishing the establishing the

642
00:27:31,600 --> 00:27:34,480
existence of a continuous and traceable

643
00:27:34,480 --> 00:27:38,880
discharge pathway from the facility.

644
00:27:38,880 --> 00:27:42,240
Number 45. MH

645
00:27:42,240 --> 00:27:47,520
1P020 is uh located on the east side of

646
00:27:47,520 --> 00:27:50,240
54th Street receives the combined

647
00:27:50,240 --> 00:27:52,320
industrial and domestic wastewater

648
00:27:52,320 --> 00:27:54,880
discharge from midcontinent before the

649
00:27:54,880 --> 00:27:57,440
wastewater

650
00:27:57,440 --> 00:28:00,640
comingle comingles with

651
00:28:00,640 --> 00:28:02,480
other source

652
00:28:02,480 --> 00:28:04,960
in the border collection system. Number

653
00:28:04,960 --> 00:28:08,000
46. MH1P020

654
00:28:08,000 --> 00:28:10,399
was established as MidContinent's new

655
00:28:10,399 --> 00:28:13,679
sampling location by agreeing by

656
00:28:13,679 --> 00:28:17,679
agreement of all parties. Number 47.

657
00:28:17,679 --> 00:28:20,960
Midcondent's permit authorized it to

658
00:28:20,960 --> 00:28:22,720
discharge industrial waste water in

659
00:28:22,720 --> 00:28:24,880
accordance with the stated terms and

660
00:28:24,880 --> 00:28:28,159
conditions which provided a part.

661
00:28:28,159 --> 00:28:31,279
C. The permit shall not discharge waste

662
00:28:31,279 --> 00:28:34,080
water containing any of the following

663
00:28:34,080 --> 00:28:38,559
substance from discharge point

664
00:28:38,559 --> 00:28:43,440
part 1 C2. Any liquid solids or gases

665
00:28:43,440 --> 00:28:47,200
which by reason of their nature are

666
00:28:47,200 --> 00:28:50,960
quantity or may be sufficient either

667
00:28:50,960 --> 00:28:54,720
alone or by interaction with other

668
00:28:54,720 --> 00:28:59,279
substances to be in injurious to any

669
00:28:59,279 --> 00:29:04,000
other way of the PW or to the operations

670
00:29:04,000 --> 00:29:06,320
of the PW.

671
00:29:06,320 --> 00:29:13,200
Part one C5. Any waste water containing

672
00:29:13,200 --> 00:29:16,240
toxic pollutants in sufficient quantity

673
00:29:16,240 --> 00:29:19,440
either single singly or by interaction

674
00:29:19,440 --> 00:29:22,640
with other pollutants to endure or

675
00:29:22,640 --> 00:29:25,360
interfere with any wastewater treatment

676
00:29:25,360 --> 00:29:30,080
process. Continue a hazard to human or

677
00:29:30,080 --> 00:29:33,360
animals. create a toxic effect in the

678
00:29:33,360 --> 00:29:36,320
receiving wastewater of the PTW or to

679
00:29:36,320 --> 00:29:39,039
exceed the limitations set forth in a

680
00:29:39,039 --> 00:29:41,760
categorical pre-treatment standards. A

681
00:29:41,760 --> 00:29:44,880
toxic pollutant shall include but not be

682
00:29:44,880 --> 00:29:47,360
limited to any pollutant identified

683
00:29:47,360 --> 00:29:50,240
pursuant to section 307

684
00:29:50,240 --> 00:29:54,640
capital A small A of the

685
00:29:54,640 --> 00:29:57,760
federal wastewater waste federal water

686
00:29:57,760 --> 00:30:01,919
pollution control act clean water act

687
00:30:01,919 --> 00:30:05,039
part one C8 any substance which will

688
00:30:05,039 --> 00:30:08,559
cause the PW to violate its NPDS permit

689
00:30:08,559 --> 00:30:11,279
and our state disposal of disposal

690
00:30:11,279 --> 00:30:14,399
system permit are the receiving water

691
00:30:14,399 --> 00:30:18,080
quality standards. Part one C1 any

692
00:30:18,080 --> 00:30:20,480
pollutants including oxygen demanding

693
00:30:20,480 --> 00:30:24,960
pollutants BOD5 etc. released at a flow

694
00:30:24,960 --> 00:30:27,679
rate and our pollutant concentration

695
00:30:27,679 --> 00:30:32,320
which a user known knows as

696
00:30:32,320 --> 00:30:35,679
knows or has reason to know will cause

697
00:30:35,679 --> 00:30:38,000
interference to the city of Enid

698
00:30:38,000 --> 00:30:40,480
wastewater treatment facility. In no

699
00:30:40,480 --> 00:30:45,440
case shall a slug load have a flow rate

700
00:30:45,440 --> 00:30:47,120
or a concentrate or contain

701
00:30:47,120 --> 00:30:49,600
concentration of quant qualities of

702
00:30:49,600 --> 00:30:52,320
pollutants that exceed for any time

703
00:30:52,320 --> 00:30:56,399
period longer than 15 minutes

704
00:30:56,399 --> 00:31:01,039
more than 5 minutes. The average 24-hour

705
00:31:01,039 --> 00:31:04,399
concentration quantities are flow during

706
00:31:04,399 --> 00:31:07,120
normal operation.

707
00:31:07,120 --> 00:31:10,559
Part one, C13. Any waste water which

708
00:31:10,559 --> 00:31:13,600
causes a hazard to human life or creates

709
00:31:13,600 --> 00:31:16,080
a public nuisance.

710
00:31:16,080 --> 00:31:19,120
Number 48. Midcondence permit prohibits

711
00:31:19,120 --> 00:31:22,000
the discharge of substance

712
00:31:22,000 --> 00:31:25,200
substances that could cause interference

713
00:31:25,200 --> 00:31:27,520
pass through hazardous condition or

714
00:31:27,520 --> 00:31:30,159
exceeded applicable standards. The

715
00:31:30,159 --> 00:31:32,880
permit further requires monthly

716
00:31:32,880 --> 00:31:35,279
monitoring and reporting of pollutant

717
00:31:35,279 --> 00:31:36,880
concentration from a designated

718
00:31:36,880 --> 00:31:40,559
discharge point, mandates the use of

719
00:31:40,559 --> 00:31:43,120
approved sampling and analytical methods

720
00:31:43,120 --> 00:31:45,840
and obligates the permit to report

721
00:31:45,840 --> 00:31:49,200
violations, accidental discharges

722
00:31:49,200 --> 00:31:52,159
and changes in operation.

723
00:31:52,159 --> 00:31:55,279
Number 49 with contents permit did not

724
00:31:55,279 --> 00:31:58,559
contains a numeric Q quack

725
00:31:58,559 --> 00:32:01,760
affluent limitation. However, it did not

726
00:32:01,760 --> 00:32:04,320
contain prohibitions against discharging

727
00:32:04,320 --> 00:32:06,799
substances that may

728
00:32:06,799 --> 00:32:10,320
injure the PW toxic pollutants that may

729
00:32:10,320 --> 00:32:13,120
interfere with the treatment or create a

730
00:32:13,120 --> 00:32:16,399
toxic effects in receiving

731
00:32:16,399 --> 00:32:19,519
waters. Substances causing the PW to

732
00:32:19,519 --> 00:32:22,240
violate its permit.

733
00:32:22,240 --> 00:32:24,320
Pollutants that interfere with the

734
00:32:24,320 --> 00:32:26,640
treatment facility and waste water that

735
00:32:26,640 --> 00:32:29,279
creates a hazard or public's nuisance.

736
00:32:29,279 --> 00:32:32,480
Number 50. Any non-compliance

737
00:32:32,480 --> 00:32:35,360
with any city issued permit conditions

738
00:32:35,360 --> 00:32:38,640
consists a violation of the city of init

739
00:32:38,640 --> 00:32:41,840
use ordinance 51.

740
00:32:41,840 --> 00:32:46,960
On or around May 19th 20th 2025 Sto

741
00:32:46,960 --> 00:32:50,080
reported that operations at the init

742
00:32:50,080 --> 00:32:51,840
water reclamation facility began

743
00:32:51,840 --> 00:32:54,559
experiencing abnormal plant condition

744
00:32:54,559 --> 00:32:57,120
including elevated affluent ammonia

745
00:32:57,120 --> 00:33:00,480
foaming and a sanitation cleaning or

746
00:33:00,480 --> 00:33:02,720
chemical type of order. The data

747
00:33:02,720 --> 00:33:05,120
indicated an initial inhibitation of

748
00:33:05,120 --> 00:33:08,240
following followed by a failure of nutri

749
00:33:08,240 --> 00:33:10,240
nitrification.

750
00:33:10,240 --> 00:33:13,919
Number 52. On or around May 19th, 2025,

751
00:33:13,919 --> 00:33:18,720
Sveners learned of the plant upset while

752
00:33:18,720 --> 00:33:20,880
conducting routine sampling across the

753
00:33:20,880 --> 00:33:24,000
sewer system for semianual regulatory

754
00:33:24,000 --> 00:33:26,799
process. Number 53.

755
00:33:26,799 --> 00:33:30,710
Servantis sampling

756
00:33:30,720 --> 00:33:32,320
sampling locations included

757
00:33:32,320 --> 00:33:34,960
midcontinents designated sampling point

758
00:33:34,960 --> 00:33:39,350
sampling location MH1P020

759
00:33:39,360 --> 00:33:43,200
number 54. Servantis smelled a strong

760
00:33:43,200 --> 00:33:46,480
cleanerike odor and observed a thick

761
00:33:46,480 --> 00:33:50,399
layer of foam at MH1P020

762
00:33:50,399 --> 00:33:53,279
when the manual cover was removed.

763
00:33:53,279 --> 00:33:57,519
Number 55. The conditions at MH1P020

764
00:33:57,519 --> 00:33:59,440
were abnormal compared to typical

765
00:33:59,440 --> 00:34:03,919
manhole observations. Number 56. Servant

766
00:34:03,919 --> 00:34:06,640
observed similar conditions at 54 street

767
00:34:06,640 --> 00:34:09,599
lift station which is where midcontent

768
00:34:09,599 --> 00:34:14,240
affluent flows into flows to number 57.

769
00:34:14,240 --> 00:34:16,720
Servant did not observe similar

770
00:34:16,720 --> 00:34:19,280
conditions throughout the remainder of

771
00:34:19,280 --> 00:34:21,200
the collection system. Specifically,

772
00:34:21,200 --> 00:34:24,000
Servantis observed a observed and

773
00:34:24,000 --> 00:34:26,800
compared multiple manholes across the

774
00:34:26,800 --> 00:34:30,240
system and testified that abnormal foam

775
00:34:30,240 --> 00:34:33,599
and order were not uniformly present

776
00:34:33,599 --> 00:34:36,320
throughout the system. Number 58.

777
00:34:36,320 --> 00:34:38,240
Influence sampling collected at the

778
00:34:38,240 --> 00:34:40,480
water reclamation facility during and

779
00:34:40,480 --> 00:34:43,359
immediately following the

780
00:34:43,359 --> 00:34:47,280
May 2025 upset identified multiple

781
00:34:47,280 --> 00:34:49,599
quacks

782
00:34:49,599 --> 00:34:53,040
including numerous benzol

783
00:34:53,040 --> 00:34:55,040
benzylcomine

784
00:34:55,040 --> 00:34:59,440
conium compounds. dito,

785
00:34:59,440 --> 00:35:01,280
dimethyl

786
00:35:01,280 --> 00:35:05,839
ammonium compounds, diocto dimethyl

787
00:35:05,839 --> 00:35:09,440
ammonium compounds and other cationic

788
00:35:09,440 --> 00:35:11,760
surfent surfactants.

789
00:35:11,760 --> 00:35:16,720
It did not report any detectable octal

790
00:35:16,720 --> 00:35:25,829
dyo dimethyl ammonium chloride.

791
00:35:25,839 --> 00:35:29,119
Number 59. On May 2025, Cervantes

792
00:35:29,119 --> 00:35:31,599
collected a grab sample

793
00:35:31,599 --> 00:35:33,599
on midcontinent's representative

794
00:35:33,599 --> 00:35:37,680
sampling point. The sample identified

795
00:35:37,680 --> 00:35:40,320
numerous quax spec species at

796
00:35:40,320 --> 00:35:42,880
exceptionally high qu concentrations

797
00:35:42,880 --> 00:35:47,670
including multiple

798
00:35:47,680 --> 00:35:51,440
benzolo ben benzalocomium

799
00:35:51,440 --> 00:35:55,440
compound dlo

800
00:35:55,440 --> 00:36:02,800
dlo dimethyl ammonium ddc ddac d octo

801
00:36:02,800 --> 00:36:05,760
dimethylam ammonium

802
00:36:05,760 --> 00:36:09,200
and octal dychlo

803
00:36:09,200 --> 00:36:13,760
dimethyl ammonium chloride and related

804
00:36:13,760 --> 00:36:18,079
quadinary ammonium compounds number 60.

805
00:36:18,079 --> 00:36:19,680
Several of these compounds were

806
00:36:19,680 --> 00:36:24,640
represent at concentration thousands are

807
00:36:24,640 --> 00:36:27,920
for for certain compounds hundreds of

808
00:36:27,920 --> 00:36:31,280
thousands times high greater than the

809
00:36:31,280 --> 00:36:37,040
laboratory reporting limits. Octal DECo

810
00:36:37,040 --> 00:36:39,680
dimethyl ammonium chloride alone was

811
00:36:39,680 --> 00:36:42,400
reported at approximately

812
00:36:42,400 --> 00:36:44,560
146,318

813
00:36:44,560 --> 00:36:49,920
mgs per liter. While DLO

814
00:36:49,920 --> 00:36:51,599
dlothyl

815
00:36:51,599 --> 00:36:54,079
ammonium was reported at approximately

816
00:36:54,079 --> 00:36:57,680
1,810 mgs per liter, demonstrating an

817
00:36:57,680 --> 00:37:00,640
extremely concentrated quack waste

818
00:37:00,640 --> 00:37:03,119
stream rather than trace environmental

819
00:37:03,119 --> 00:37:04,880
contaminations.

820
00:37:04,880 --> 00:37:08,000
The influence sample sampling confirmed

821
00:37:08,000 --> 00:37:10,800
that quack containing waste water had

822
00:37:10,800 --> 00:37:13,119
reached the city's biological treatment

823
00:37:13,119 --> 00:37:16,240
process during the period of the period

824
00:37:16,240 --> 00:37:20,480
of the upset. Number 62, Ed

825
00:37:20,480 --> 00:37:23,119
testified that a substantial portion of

826
00:37:23,119 --> 00:37:25,280
the quack concentrations identified in

827
00:37:25,280 --> 00:37:28,480
the May 20 midcarnance grab sample

828
00:37:28,480 --> 00:37:34,160
consisted of octal d octal dchlorlo

829
00:37:34,160 --> 00:37:35,760
dimethyl

830
00:37:35,760 --> 00:37:39,520
ammonium chloride which was not detected

831
00:37:39,520 --> 00:37:41,760
in the

832
00:37:41,760 --> 00:37:46,160
effluency May 20th influent

833
00:37:46,160 --> 00:37:50,069
composite sample.

834
00:37:50,079 --> 00:37:53,280
Number 63. The plant influent samples

835
00:37:53,280 --> 00:37:56,880
analyzed by effluency were were

836
00:37:56,880 --> 00:37:59,839
composite samples representing

837
00:37:59,839 --> 00:38:01,520
waste water entering the water

838
00:38:01,520 --> 00:38:03,760
reclamation facility over time after

839
00:38:03,760 --> 00:38:06,480
transport transport through the city's

840
00:38:06,480 --> 00:38:09,920
collection system. Whereas the May 20

841
00:38:09,920 --> 00:38:13,280
samples were May sample collected from

842
00:38:13,280 --> 00:38:15,280
the midconent representative sampling

843
00:38:15,280 --> 00:38:17,680
location was a grab sample reflecting

844
00:38:17,680 --> 00:38:19,680
the waste water present at a single

845
00:38:19,680 --> 00:38:23,200
point in the time in time before

846
00:38:23,200 --> 00:38:26,800
co-mingling with other waste water.

847
00:38:26,800 --> 00:38:30,480
Number 64. Although the May 20

848
00:38:30,480 --> 00:38:32,640
midcontent grab sample and May 20

849
00:38:32,640 --> 00:38:36,320
influent composite sample from effluency

850
00:38:36,320 --> 00:38:40,320
have different relative concentration of

851
00:38:40,320 --> 00:38:43,359
individuals quack species. They do not

852
00:38:43,359 --> 00:38:46,240
demonstrate different sources. Rather

853
00:38:46,240 --> 00:38:49,920
those difference are consistent with the

854
00:38:49,920 --> 00:38:52,320
dilution mixing different differing

855
00:38:52,320 --> 00:38:55,200
sample sampling methods methodologies

856
00:38:55,200 --> 00:38:56,720
travel time throughout the collection

857
00:38:56,720 --> 00:38:59,920
system. Absorption of cationic

858
00:38:59,920 --> 00:39:04,240
surfectants to solids and biomass

859
00:39:04,240 --> 00:39:06,720
degradation and changes in relative

860
00:39:06,720 --> 00:39:10,480
concentrations among compounds.

861
00:39:10,480 --> 00:39:14,240
store agreed that sorry number 65 store

862
00:39:14,240 --> 00:39:16,720
agreed that grab samples and composite

863
00:39:16,720 --> 00:39:20,400
sample results should not be compared in

864
00:39:20,400 --> 00:39:22,720
an appleto apple fashion without

865
00:39:22,720 --> 00:39:25,920
caution. He defined a grab sample as a

866
00:39:25,920 --> 00:39:27,520
sample

867
00:39:27,520 --> 00:39:31,040
dipped from a basin stream or manhole

868
00:39:31,040 --> 00:39:34,320
that represents that what is uh passing

869
00:39:34,320 --> 00:39:36,560
through at the moment of the collection.

870
00:39:36,560 --> 00:39:40,160
Dr. Stover defined a composite sample as

871
00:39:40,160 --> 00:39:43,200
individual sample collected over time

872
00:39:43,200 --> 00:39:44,720
and

873
00:39:44,720 --> 00:39:47,839
compiled to represent what occurred over

874
00:39:47,839 --> 00:39:50,640
24 hours.

875
00:39:50,640 --> 00:39:54,800
Number 66 source um source calculations

876
00:39:54,800 --> 00:39:58,400
demonstrated that WRF received

877
00:39:58,400 --> 00:39:59,920
approximately

878
00:39:59,920 --> 00:40:02,800
700 lb of quax

879
00:40:02,800 --> 00:40:06,320
on May 20. approximately 300 lb of

880
00:40:06,320 --> 00:40:10,240
pounds on May 21st and approximately 700

881
00:40:10,240 --> 00:40:14,240
lb on May 22nd. These calculations

882
00:40:14,240 --> 00:40:16,720
reflected the total quantity of quark

883
00:40:16,720 --> 00:40:19,920
concentration of the con quacks entering

884
00:40:19,920 --> 00:40:22,880
the PW during those periods and not

885
00:40:22,880 --> 00:40:25,040
merely their concentrations in

886
00:40:25,040 --> 00:40:28,880
individual sample. Number 67.

887
00:40:28,880 --> 00:40:32,720
Quax loading of the magnitude

888
00:40:32,720 --> 00:40:35,040
could not be reasonable

889
00:40:35,040 --> 00:40:37,440
be attributed to ordinary residential,

890
00:40:37,440 --> 00:40:40,480
commercial or incidental consume

891
00:40:40,480 --> 00:40:42,320
consumer use within the collection

892
00:40:42,320 --> 00:40:44,560
system. The quantities of quacks

893
00:40:44,560 --> 00:40:47,040
entering the WRF during the upset were

894
00:40:47,040 --> 00:40:49,920
consistent with discharge from a

895
00:40:49,920 --> 00:40:52,079
significant industrial

896
00:40:52,079 --> 00:40:54,240
source handling quack containing

897
00:40:54,240 --> 00:40:59,359
products. Number 68. Quack compounds are

898
00:40:59,359 --> 00:41:02,079
capable of causing the observed

899
00:41:02,079 --> 00:41:04,079
treatment

900
00:41:04,079 --> 00:41:06,400
upset and are consistent with the

901
00:41:06,400 --> 00:41:09,440
observed form chemical order and

902
00:41:09,440 --> 00:41:12,400
biological impacts of at the plant.

903
00:41:12,400 --> 00:41:14,480
Number 69.

904
00:41:14,480 --> 00:41:19,440
On or around May 21, 2025, a fish kill

905
00:41:19,440 --> 00:41:21,680
was reported. As a result of the

906
00:41:21,680 --> 00:41:24,480
reported fish kill, ODQ and the city

907
00:41:24,480 --> 00:41:26,640
conducted an investigation. The fish

908
00:41:26,640 --> 00:41:30,960
kill was concurrent with the PW upset.

909
00:41:30,960 --> 00:41:32,720
The investigation

910
00:41:32,720 --> 00:41:35,040
concluded that the fishkill was

911
00:41:35,040 --> 00:41:37,200
associated with the discharge of high

912
00:41:37,200 --> 00:41:40,319
ammonia levels from PDW to Skeleton

913
00:41:40,319 --> 00:41:43,119
Creek. As a result of the investigation,

914
00:41:43,119 --> 00:41:45,520
ODQ issued a notice of violation to the

915
00:41:45,520 --> 00:41:51,990
city of city after the event.

916
00:41:52,000 --> 00:41:54,640
Number 71. The notice of violation state

917
00:41:54,640 --> 00:41:56,560
stated that the city's wastewater

918
00:41:56,560 --> 00:41:59,119
treatment facility discharged partially

919
00:41:59,119 --> 00:42:00,640
treated waste water into the Skeleton

920
00:42:00,640 --> 00:42:04,160
Creek in violation of its OPDS permit

921
00:42:04,160 --> 00:42:06,720
resulting in a fish kill and widespread

922
00:42:06,720 --> 00:42:09,200
environmental impacts and further

923
00:42:09,200 --> 00:42:12,000
established that the treatment plant

924
00:42:12,000 --> 00:42:14,160
upset was associated with the

925
00:42:14,160 --> 00:42:17,599
introduction of ammonia surfectants and

926
00:42:17,599 --> 00:42:19,200
disinfection

927
00:42:19,200 --> 00:42:22,640
disinfectant type chemical that rendered

928
00:42:22,640 --> 00:42:25,599
biological treatment process inactive

929
00:42:25,599 --> 00:42:28,560
with the documented effluent parameters

930
00:42:28,560 --> 00:42:31,200
exceedence

931
00:42:31,200 --> 00:42:33,599
including elevated ammonia, CBOD and

932
00:42:33,599 --> 00:42:37,200
total suspended solids thereby providing

933
00:42:37,200 --> 00:42:39,760
independent regulatory evidence that

934
00:42:39,760 --> 00:42:42,240
pollutant discharge into the treatment

935
00:42:42,240 --> 00:42:46,480
system cause exceedence of permit limits

936
00:42:46,480 --> 00:42:48,960
and environmental harm consistent with

937
00:42:48,960 --> 00:42:50,800
interference with interference

938
00:42:50,800 --> 00:42:52,319
attributable.

939
00:42:52,319 --> 00:42:56,400
to upstream industrial contributions.

940
00:42:56,400 --> 00:42:59,359
Number 72, Oklahoma Department of

941
00:42:59,359 --> 00:43:02,640
Wildlife Conservation issued a fine or

942
00:43:02,640 --> 00:43:06,160
penalty related to the fish kill upset

943
00:43:06,160 --> 00:43:10,160
of the May 2025 event. Number 73. The

944
00:43:10,160 --> 00:43:12,720
record supports that the fish kill

945
00:43:12,720 --> 00:43:16,079
occurred in a temp temporal proximity to

946
00:43:16,079 --> 00:43:17,920
the wastewater treatment water

947
00:43:17,920 --> 00:43:20,240
reclamation facility. biological upset

948
00:43:20,240 --> 00:43:23,040
and elevated

949
00:43:23,040 --> 00:43:28,069
affluent ammonia.

950
00:43:28,079 --> 00:43:31,599
Number 74. Following the May 19, 2025

951
00:43:31,599 --> 00:43:33,920
upset and the notification of a fish

952
00:43:33,920 --> 00:43:36,560
kill, Servantis and the city

953
00:43:36,560 --> 00:43:38,880
investigated significant industrial

954
00:43:38,880 --> 00:43:42,319
users with known discharge who operated

955
00:43:42,319 --> 00:43:44,240
under the city issued industrial

956
00:43:44,240 --> 00:43:46,640
wastewater permit during the relevant

957
00:43:46,640 --> 00:43:49,520
time period. Number 75. Servant's

958
00:43:49,520 --> 00:43:52,240
investigation included sampling at

959
00:43:52,240 --> 00:43:54,720
multiple location, field observations to

960
00:43:54,720 --> 00:43:57,520
determine presence of any foam and

961
00:43:57,520 --> 00:44:01,680
strong chemical orders at manhole 1 P020

962
00:44:01,680 --> 00:44:04,720
and other manhole locations. Sample

963
00:44:04,720 --> 00:44:07,119
collect samples collected were analyzed

964
00:44:07,119 --> 00:44:10,480
by the city's in-house lab. 76.

965
00:44:10,480 --> 00:44:12,560
Servantis conducted a subsequent

966
00:44:12,560 --> 00:44:17,200
sampling events at manhole 1 020

967
00:44:17,200 --> 00:44:19,599
and the 54th Street lift station. The

968
00:44:19,599 --> 00:44:22,880
samples continue to include elevated

969
00:44:22,880 --> 00:44:27,190
quack concentrations.

970
00:44:27,200 --> 00:44:31,839
Number 77. After the May 19, 2025 event

971
00:44:31,839 --> 00:44:34,880
event at the water in its WRF servant

972
00:44:34,880 --> 00:44:36,720
conducted contacted midcontinence

973
00:44:36,720 --> 00:44:39,839
operations manager Peter Harrison here

974
00:44:39,839 --> 00:44:43,520
in order herein after Harrison to let

975
00:44:43,520 --> 00:44:46,400
him know the PW

976
00:44:46,400 --> 00:44:49,040
was experiencing an upset. Midcarnate

977
00:44:49,040 --> 00:44:52,800
responded to Cervantes on at least two

978
00:44:52,800 --> 00:44:54,880
occasions to inform her additional

979
00:44:54,880 --> 00:44:58,240
cleaning took place on the 19th in

980
00:44:58,240 --> 00:45:01,200
preparation of an audit.

981
00:45:01,200 --> 00:45:04,720
Number 78. On May 23rd, 2025, Cervantes

982
00:45:04,720 --> 00:45:07,280
notified Midcontent Midcontinent that

983
00:45:07,280 --> 00:45:09,839
the PW had experienced a biological

984
00:45:09,839 --> 00:45:13,599
upset beginning on May 19, 2025.

985
00:45:13,599 --> 00:45:15,839
identified midcontinent as a potential

986
00:45:15,839 --> 00:45:18,560
contributor based on its location and

987
00:45:18,560 --> 00:45:21,760
discharge characteristics. Number 79.

988
00:45:21,760 --> 00:45:25,200
The city's investigation focused on

989
00:45:25,200 --> 00:45:27,920
midcarnate after sampling results were

990
00:45:27,920 --> 00:45:30,800
sampling results and field observations

991
00:45:30,800 --> 00:45:34,000
indicated abnormal foam order and quack

992
00:45:34,000 --> 00:45:36,000
related compounds associated with

993
00:45:36,000 --> 00:45:39,359
midcontinent discharge. Number 80. As

994
00:45:39,359 --> 00:45:42,079
part of the part of her investigation,

995
00:45:42,079 --> 00:45:45,119
Servant has required Midcon to provide a

996
00:45:45,119 --> 00:45:48,000
written response detailing all cleaning

997
00:45:48,000 --> 00:45:51,359
chemicals used asso used associated

998
00:45:51,359 --> 00:45:54,880
safety data sheets here in here in after

999
00:45:54,880 --> 00:45:57,839
SDS and disposable

1000
00:45:57,839 --> 00:46:00,000
disposal practices

1001
00:46:00,000 --> 00:46:02,240
especially specifically including

1002
00:46:02,240 --> 00:46:03,920
whether

1003
00:46:03,920 --> 00:46:07,200
wash water or cleaning solutions were

1004
00:46:07,200 --> 00:46:09,440
discharged into the floor drain. and

1005
00:46:09,440 --> 00:46:15,910
connected to this sanitary sewer.

1006
00:46:15,920 --> 00:46:19,760
Number 81. Midcondents produced 1,200

1007
00:46:19,760 --> 00:46:23,440
SDS containing 9,000

1008
00:46:23,440 --> 00:46:26,880
9,000 pages of data.

1009
00:46:26,880 --> 00:46:29,920
Number 82. The SDS shows that chemicals

1010
00:46:29,920 --> 00:46:32,960
used by midcontinent or toxic pollutants

1011
00:46:32,960 --> 00:46:36,800
should not be disposed of in public

1012
00:46:36,800 --> 00:46:40,800
sewers and are specifically inhibitory

1013
00:46:40,800 --> 00:46:45,680
to aquatic life. Number 83. In July,

1014
00:46:45,680 --> 00:46:48,160
midcarnate advised that beginning May

1015
00:46:48,160 --> 00:46:52,720
2022 2025, it voluntarily began

1016
00:46:52,720 --> 00:46:54,880
containerizing

1017
00:46:54,880 --> 00:46:57,359
cleaning waste water generated around

1018
00:46:57,359 --> 00:47:00,640
the quax production area

1019
00:47:00,640 --> 00:47:03,599
for offsite disposal. Prior to this

1020
00:47:03,599 --> 00:47:05,760
date, all quack containing waste water

1021
00:47:05,760 --> 00:47:11,510
was discharged into the sanitary sewer.

1022
00:47:11,520 --> 00:47:14,800
Number 84. At the time of May 2025

1023
00:47:14,800 --> 00:47:18,240
event, ENIT WRF flow rate was

1024
00:47:18,240 --> 00:47:21,920
approximately 7 million gallons per day

1025
00:47:21,920 --> 00:47:25,200
with the May 19 to 20 flow rate

1026
00:47:25,200 --> 00:47:28,079
described as approximately 7.3 million

1027
00:47:28,079 --> 00:47:30,480
gallons per million gall mill million

1028
00:47:30,480 --> 00:47:35,030
gallons per day.

1029
00:47:35,040 --> 00:47:38,640
Number 85. Operational monitoring data

1030
00:47:38,640 --> 00:47:43,599
for the ENID WRF for May 10, 2025 to

1031
00:47:43,599 --> 00:47:47,920
June 9th, 2025 showed a marked increase

1032
00:47:47,920 --> 00:47:50,319
in affluent ammonia concentrations

1033
00:47:50,319 --> 00:47:53,520
beginning approximately May 20, 2025

1034
00:47:53,520 --> 00:47:57,359
with values raising from near zero to

1035
00:47:57,359 --> 00:48:01,520
levels exceeding 30 to 50 mgs per liter

1036
00:48:01,520 --> 00:48:04,560
and concurrent increases in effluent

1037
00:48:04,560 --> 00:48:06,000
suspended solids.

1038
00:48:06,000 --> 00:48:10,079
and total phosphorus providing a

1039
00:48:10,079 --> 00:48:13,040
contemporious sampling data

1040
00:48:13,040 --> 00:48:15,359
demonstrating a significant

1041
00:48:15,359 --> 00:48:17,599
deterioration in the treatment per

1042
00:48:17,599 --> 00:48:19,920
performance and elevated pollutant

1043
00:48:19,920 --> 00:48:23,119
concentrations in discharged effluent

1044
00:48:23,119 --> 00:48:25,920
during the upset period.

1045
00:48:25,920 --> 00:48:28,559
There is a gap of missing data during

1046
00:48:28,559 --> 00:48:32,079
the days when when the ODQ directed that

1047
00:48:32,079 --> 00:48:34,800
the POW be shut down because of the

1048
00:48:34,800 --> 00:48:37,829
upset.

1049
00:48:37,839 --> 00:48:40,480
Number 86. Before May 19, affluent

1050
00:48:40,480 --> 00:48:43,440
ammonia values at the WRF were at or

1051
00:48:43,440 --> 00:48:46,720
near non detective non-detect levels of

1052
00:48:46,720 --> 00:48:50,559
approximately 0.124 mgs per liter which

1053
00:48:50,559 --> 00:48:53,280
represented complete nitrification.

1054
00:48:53,280 --> 00:48:55,680
Number 87. The ammonia patterns

1055
00:48:55,680 --> 00:48:59,520
reflected sir inhibitation followed by

1056
00:48:59,520 --> 00:49:02,319
complete failure of nitrification.

1057
00:49:02,319 --> 00:49:05,119
The observed ammonia

1058
00:49:05,119 --> 00:49:07,359
increase was consistent with loss of

1059
00:49:07,359 --> 00:49:10,319
nitrification and would not be expected

1060
00:49:10,319 --> 00:49:12,720
if nitrification were functioning

1061
00:49:12,720 --> 00:49:16,000
properly. Number 88. The operational

1062
00:49:16,000 --> 00:49:18,400
monitoring data led STOR to conclude

1063
00:49:18,400 --> 00:49:21,760
that the plant began receiving some some

1064
00:49:21,760 --> 00:49:26,880
form of toxic toxicant on May 19, 2025.

1065
00:49:26,880 --> 00:49:31,119
Number 89. Store was asked about the

1066
00:49:31,119 --> 00:49:33,839
effect various other substances could

1067
00:49:33,839 --> 00:49:37,359
have on the WRF. He testified that the

1068
00:49:37,359 --> 00:49:40,640
arsenic alone would not foam or smell

1069
00:49:40,640 --> 00:49:44,160
like a cleaner and sinate would not

1070
00:49:44,160 --> 00:49:47,520
smell like a cleaner. Stow point it

1071
00:49:47,520 --> 00:49:50,720
would not would not have been reasonable

1072
00:49:50,720 --> 00:49:54,720
to test every everywhere else in the

1073
00:49:54,720 --> 00:49:57,359
cities for arsenic and heavy metal

1074
00:49:57,359 --> 00:50:00,000
arsenic heavy metals and cyanide in

1075
00:50:00,000 --> 00:50:02,640
response to the observed foaming and

1076
00:50:02,640 --> 00:50:06,160
midcontinent manhole evidence.

1077
00:50:06,160 --> 00:50:08,720
Number 90. The loss of nitrifying

1078
00:50:08,720 --> 00:50:10,720
bacteria requires the city and its

1079
00:50:10,720 --> 00:50:14,000
contract operator to actively restore

1080
00:50:14,000 --> 00:50:16,160
the biological treatment process before

1081
00:50:16,160 --> 00:50:18,960
the WRF could return to normal

1082
00:50:18,960 --> 00:50:21,760
operations. Because nitrifying bacteria

1083
00:50:21,760 --> 00:50:24,640
are slow growing by organisms, recovery

1084
00:50:24,640 --> 00:50:27,200
requires substantial time, monitoring

1085
00:50:27,200 --> 00:50:29,760
and operational adjustments, including

1086
00:50:29,760 --> 00:50:32,079
investigations of the upset sampling

1087
00:50:32,079 --> 00:50:35,040
laboratory review, biomass monitoring

1088
00:50:35,040 --> 00:50:39,510
and process control changes.

1089
00:50:39,520 --> 00:50:41,839
Number 91. As part of the emergency

1090
00:50:41,839 --> 00:50:43,680
response, city and the store group

1091
00:50:43,680 --> 00:50:46,000
implemented the extraordinary operation

1092
00:50:46,000 --> 00:50:48,160
measures to restore the biological

1093
00:50:48,160 --> 00:50:50,720
treatment process and reduce the effects

1094
00:50:50,720 --> 00:50:54,640
of quax on the WRF. Those measures

1095
00:50:54,640 --> 00:50:57,680
included purchasing and applying

1096
00:50:57,680 --> 00:50:59,200
neutraquart,

1097
00:50:59,200 --> 00:51:01,920
a product intended to mitigate or

1098
00:51:01,920 --> 00:51:04,800
neutralize the effects of quax within

1099
00:51:04,800 --> 00:51:07,839
the treatment process in an effort to

1100
00:51:07,839 --> 00:51:11,440
preserve or restore biological activity.

1101
00:51:11,440 --> 00:51:14,079
The sto group also ordered specialized

1102
00:51:14,079 --> 00:51:17,680
nitrifying bacteria and receded the WRF

1103
00:51:17,680 --> 00:51:19,920
in an effort to restore the biological

1104
00:51:19,920 --> 00:51:22,880
treatment process. A special pump was

1105
00:51:22,880 --> 00:51:27,760
required for these of efforts.

1106
00:51:27,760 --> 00:51:30,800
Number 92. Considering the pre-event

1107
00:51:30,800 --> 00:51:34,000
complete nitrification, the abrupt post

1108
00:51:34,000 --> 00:51:37,200
May 19th ammonia spike

1109
00:51:37,200 --> 00:51:40,240
observed foam and cleaning cleaner type

1110
00:51:40,240 --> 00:51:43,599
order. Quack detections associated with

1111
00:51:43,599 --> 00:51:45,359
the midcontinent

1112
00:51:45,359 --> 00:51:48,559
confirms loss of nitrifiers and stores

1113
00:51:48,559 --> 00:51:51,119
testimony regarding quax toxicity and

1114
00:51:51,119 --> 00:51:54,079
inhibitation. The record supply supports

1115
00:51:54,079 --> 00:51:57,599
the findings that the

1116
00:51:57,599 --> 00:52:01,200
findings that an inhibitory or toxic

1117
00:52:01,200 --> 00:52:04,720
industrial discharge caused the May 2025

1118
00:52:04,720 --> 00:52:07,839
nitrification failure.

1119
00:52:07,839 --> 00:52:10,079
Number 93. Considering the source

1120
00:52:10,079 --> 00:52:12,880
isolated sampling locations, die test

1121
00:52:12,880 --> 00:52:15,760
confirms of confirmation

1122
00:52:15,760 --> 00:52:17,920
confirmation of mid-continent discharge

1123
00:52:17,920 --> 00:52:20,079
pathway field observations at the

1124
00:52:20,079 --> 00:52:23,200
midcarnate manhole quack detections and

1125
00:52:23,200 --> 00:52:25,760
the city's investig city investigation.

1126
00:52:25,760 --> 00:52:28,559
The regard supports the finding that

1127
00:52:28,559 --> 00:52:31,359
midcontinent discharge was the source or

1128
00:52:31,359 --> 00:52:34,160
a contribution to contributing source of

1129
00:52:34,160 --> 00:52:37,680
the toxic or inhibitory discharge that

1130
00:52:37,680 --> 00:52:42,309
caused the WRF upset.

1131
00:52:42,319 --> 00:52:48,160
number 94. on July 20 22nd 2025

1132
00:52:48,160 --> 00:52:49,760
following the city's investigation of

1133
00:52:49,760 --> 00:52:52,319
the May 19 20th

1134
00:52:52,319 --> 00:52:57,520
through 20 25 WRF plant upset and the

1135
00:52:57,520 --> 00:52:59,440
fish kill the city issued a

1136
00:52:59,440 --> 00:53:04,800
mid-continent notice of violation no 001

1137
00:53:04,800 --> 00:53:08,160
alleging that midcarnate violated permit

1138
00:53:08,160 --> 00:53:10,400
number 021

1139
00:53:10,400 --> 00:53:12,800
by discharging and violation of the

1140
00:53:12,800 --> 00:53:14,800
permit including

1141
00:53:14,800 --> 00:53:17,119
causing an upset of the city's

1142
00:53:17,119 --> 00:53:21,359
wastewater treatment plant in May 2025.

1143
00:53:21,359 --> 00:53:26,240
Number 95. The NOV was based on sampling

1144
00:53:26,240 --> 00:53:29,119
detecting elevated concentrations of

1145
00:53:29,119 --> 00:53:32,160
quartonary ammonium compounds in a in

1146
00:53:32,160 --> 00:53:34,800
the facility's discharge

1147
00:53:34,800 --> 00:53:38,720
which were determined to have a to have

1148
00:53:38,720 --> 00:53:40,640
caused a significant wastewater

1149
00:53:40,640 --> 00:53:45,359
treatment plant upset on May 19, 2025.

1150
00:53:45,359 --> 00:53:47,760
The identified violations including

1151
00:53:47,760 --> 00:53:50,000
discharge of toxic pollutants in

1152
00:53:50,000 --> 00:53:52,800
quantities sufficient to interference

1153
00:53:52,800 --> 00:53:57,040
with POW operations, failure to prevent

1154
00:53:57,040 --> 00:53:59,760
pass through or interfer interference,

1155
00:53:59,760 --> 00:54:02,400
the lack of adequate pre-treatment and

1156
00:54:02,400 --> 00:54:05,359
chemical manage management control. It

1157
00:54:05,359 --> 00:54:09,599
specifically document documents

1158
00:54:09,599 --> 00:54:12,880
documents that that the facility failed

1159
00:54:12,880 --> 00:54:15,920
to provide a written summary of

1160
00:54:15,920 --> 00:54:18,640
discharge practices. Failed to confirm

1161
00:54:18,640 --> 00:54:22,079
or evaluate pre-treatment effectiveness

1162
00:54:22,079 --> 00:54:24,720
and failed to identify all chemical

1163
00:54:24,720 --> 00:54:27,200
products and processes contributing to

1164
00:54:27,200 --> 00:54:33,119
the discharge. thereby evidencing both

1165
00:54:33,119 --> 00:54:36,079
existence of a discharge containing

1166
00:54:36,079 --> 00:54:38,720
regulatory pollutants and non-compliance

1167
00:54:38,720 --> 00:54:41,119
with reporting and operational

1168
00:54:41,119 --> 00:54:45,920
requirements. Number 96. On November 21,

1169
00:54:45,920 --> 00:54:49,040
2025, the city issued an administrative

1170
00:54:49,040 --> 00:54:51,040
order to midcontent for notice of

1171
00:54:51,040 --> 00:54:54,079
violation NOV001

1172
00:54:54,079 --> 00:54:56,960
number 97. The administrative order to

1173
00:54:56,960 --> 00:54:59,359
midconent requires a corrective action,

1174
00:54:59,359 --> 00:55:01,839
additional pre-treatment or controls,

1175
00:55:01,839 --> 00:55:04,960
monitoring and sampling, planning and

1176
00:55:04,960 --> 00:55:08,319
reporting and cost recovery. Mr. Gilbert

1177
00:55:08,319 --> 00:55:11,200
herein after Gilbert testified that the

1178
00:55:11,200 --> 00:55:14,319
administrative order was intended to

1179
00:55:14,319 --> 00:55:17,040
identify responsibility, protect the

1180
00:55:17,040 --> 00:55:20,240
facility, and prevent reoccurrence, not

1181
00:55:20,240 --> 00:55:22,079
to punish

1182
00:55:22,079 --> 00:55:24,880
midcontinent.

1183
00:55:24,880 --> 00:55:29,520
Number 98. On March 16, 2026, the city

1184
00:55:29,520 --> 00:55:32,480
issued an amended administrative order

1185
00:55:32,480 --> 00:55:35,040
to MidConet for notice of violation

1186
00:55:35,040 --> 00:55:36,880
NOE001

1187
00:55:36,880 --> 00:55:39,520
number 99. Gilbert testified that

1188
00:55:39,520 --> 00:55:42,319
Midconent did not accept responsibility

1189
00:55:42,319 --> 00:55:45,119
for causing the upset, did not

1190
00:55:45,119 --> 00:55:47,920
acknowledge that it its discharge

1191
00:55:47,920 --> 00:55:49,280
contributed to the loss of

1192
00:55:49,280 --> 00:55:53,839
nitrification, and maintained that it

1193
00:55:53,839 --> 00:55:56,559
was not responsible. The city incurred

1194
00:55:56,559 --> 00:56:00,240
the cost of responding to the event and

1195
00:56:00,240 --> 00:56:02,720
paid penalties

1196
00:56:02,720 --> 00:56:04,799
or fines associated with the regulatory

1197
00:56:04,799 --> 00:56:07,920
responses including ODQ and wildlife

1198
00:56:07,920 --> 00:56:11,750
related consequences.

1199
00:56:11,760 --> 00:56:13,760
Number 100,

1200
00:56:13,760 --> 00:56:16,319
the cost recovery summary which itemized

1201
00:56:16,319 --> 00:56:19,040
expenses incurred as a result of the

1202
00:56:19,040 --> 00:56:22,240
wastewater incident includes one

1203
00:56:22,240 --> 00:56:24,160
regulatory enforcement cost including

1204
00:56:24,160 --> 00:56:26,079
the administrative fee associate

1205
00:56:26,079 --> 00:56:29,920
assessed by DEEQ. Number two, natural

1206
00:56:29,920 --> 00:56:31,839
resource damages

1207
00:56:31,839 --> 00:56:34,799
including the fisheries damage claim

1208
00:56:34,799 --> 00:56:37,760
associated within with the up downstream

1209
00:56:37,760 --> 00:56:40,880
fish kill. Number four, extensive

1210
00:56:40,880 --> 00:56:44,400
laboratory testing cost including

1211
00:56:44,400 --> 00:56:46,960
repeated analytical testing performed by

1212
00:56:46,960 --> 00:56:49,680
specifically specialtity laboratories

1213
00:56:49,680 --> 00:56:52,720
SPL over many months following the

1214
00:56:52,720 --> 00:56:56,480
upset. Number four, whole effluent

1215
00:56:56,480 --> 00:57:00,400
toxicity vet testing performed because

1216
00:57:00,400 --> 00:57:05,200
of the first wet vet test failed due to

1217
00:57:05,200 --> 00:57:08,960
2025 upset. Number five, pump equipment

1218
00:57:08,960 --> 00:57:12,160
requires pump equipment required for the

1219
00:57:12,160 --> 00:57:14,559
effort to restore the biological

1220
00:57:14,559 --> 00:57:16,720
treatment process and reduce the effects

1221
00:57:16,720 --> 00:57:21,040
of quax on the WRF. Number six, Neutra

1222
00:57:21,040 --> 00:57:23,839
Quart purchased and applied as part of

1223
00:57:23,839 --> 00:57:26,960
the city's effort to mitigate or

1224
00:57:26,960 --> 00:57:30,160
neutralize quax impacts within the

1225
00:57:30,160 --> 00:57:34,710
treatment process.

1226
00:57:34,720 --> 00:57:37,040
Number seven, biological receding

1227
00:57:37,040 --> 00:57:38,799
material including specialized

1228
00:57:38,799 --> 00:57:41,839
nitrifying bacteria purchased to restore

1229
00:57:41,839 --> 00:57:44,160
the activated sludge process after the

1230
00:57:44,160 --> 00:57:46,799
loss of nitrification. Number eight,

1231
00:57:46,799 --> 00:57:49,599
field sampling labor including repeated

1232
00:57:49,599 --> 00:57:51,760
grab sampling at the midcontent manhole

1233
00:57:51,760 --> 00:57:54,319
over an extended period. Number nine,

1234
00:57:54,319 --> 00:57:56,240
shipping cost including overnight

1235
00:57:56,240 --> 00:57:58,400
shipping shipment of analytical samples

1236
00:57:58,400 --> 00:58:02,400
for laboratory testing. Number 10,

1237
00:58:02,400 --> 00:58:04,480
certified mailing cost associated with

1238
00:58:04,480 --> 00:58:07,920
the enforcement actions and regulatory

1239
00:58:07,920 --> 00:58:11,599
notices. Number 11, publication cost

1240
00:58:11,599 --> 00:58:13,599
associated with the notice of city's

1241
00:58:13,599 --> 00:58:16,079
enforcement proceedings and additional

1242
00:58:16,079 --> 00:58:18,799
enforcement cost including those

1243
00:58:18,799 --> 00:58:20,640
incurred by the city's environmental

1244
00:58:20,640 --> 00:58:22,960
specialist to be substant subsequently

1245
00:58:22,960 --> 00:58:27,349
assessed

1246
00:58:27,359 --> 00:58:30,559
number 101.

1247
00:58:30,559 --> 00:58:32,480
These costs demonstrate the operational

1248
00:58:32,480 --> 00:58:35,359
and environmental consequences

1249
00:58:35,359 --> 00:58:37,040
associated with the discharge of

1250
00:58:37,040 --> 00:58:41,280
pollutants into PW number 102. The

1251
00:58:41,280 --> 00:58:44,240
consequences of May 2025 discharge were

1252
00:58:44,240 --> 00:58:47,119
not limited to the immediate

1253
00:58:47,119 --> 00:58:50,400
immediate expenses necessary to recover

1254
00:58:50,400 --> 00:58:52,960
to recover the plant. The violations of

1255
00:58:52,960 --> 00:58:55,599
the midcontinence permit also created

1256
00:58:55,599 --> 00:58:58,000
enforcement and monitoring expenses.

1257
00:58:58,000 --> 00:59:00,559
Part of regul regulating an industrial

1258
00:59:00,559 --> 00:59:03,839
user when a permit violation occurs is

1259
00:59:03,839 --> 00:59:07,280
to work with the user to asssure the

1260
00:59:07,280 --> 00:59:09,839
cause of the violations is incurred and

1261
00:59:09,839 --> 00:59:13,760
to monitor the user to asssure that

1262
00:59:13,760 --> 00:59:16,799
future violations do not occur. In this

1263
00:59:16,799 --> 00:59:20,880
case, this included ongoing laboratory

1264
00:59:20,880 --> 00:59:23,760
testing and testing of possible

1265
00:59:23,760 --> 00:59:26,000
alternative sources such as Tyson and

1266
00:59:26,000 --> 00:59:31,270
Integras as suggested by Midcon.

1267
00:59:31,280 --> 00:59:34,319
Number 103. City could not reasonably

1268
00:59:34,319 --> 00:59:36,559
restore normal operations or ensure

1269
00:59:36,559 --> 00:59:38,960
continued compliance with the with its

1270
00:59:38,960 --> 00:59:42,799
OPDES NPDES permit without identifying

1271
00:59:42,799 --> 00:59:45,200
the source of the inhibitory recharge.

1272
00:59:45,200 --> 00:59:47,599
Evaluate evaluating its component

1273
00:59:47,599 --> 00:59:51,200
compositions determining determining

1274
00:59:51,200 --> 00:59:53,359
whether additional discharge were

1275
00:59:53,359 --> 00:59:56,640
occurred and implementing measures to

1276
00:59:56,640 --> 01:00:00,870
prevent reoccurrence.

1277
01:00:00,880 --> 01:00:05,440
Number 104. Midcarnate timely appealed

1278
01:00:05,440 --> 01:00:08,319
the notice of violation nov001 issued

1279
01:00:08,319 --> 01:00:10,240
July 22nd

1280
01:00:10,240 --> 01:00:12,240
2025.

1281
01:00:12,240 --> 01:00:14,799
the administrative order issued November

1282
01:00:14,799 --> 01:00:19,040
21, 2025 and an amended administrative

1283
01:00:19,040 --> 01:00:22,720
order issued March 16, 2026.

1284
01:00:22,720 --> 01:00:24,799
Number 105,

1285
01:00:24,799 --> 01:00:27,440
an evidentary hearing before the board

1286
01:00:27,440 --> 01:00:32,240
was held on June 22nd, 2026 and June

1287
01:00:32,240 --> 01:00:39,750
23rd, 2026 and June 29th, 2026.

1288
01:00:39,760 --> 01:00:42,480
106.

1289
01:00:42,480 --> 01:00:45,200
The following exhibits offered by the

1290
01:00:45,200 --> 01:00:47,839
city were admitted into evidence.

1291
01:00:47,839 --> 01:00:52,400
Government exhibit 1 through 25, 27- 37

1292
01:00:52,400 --> 01:00:56,640
and 39 to 52. Midcontinent object

1293
01:00:56,640 --> 01:00:59,520
objected to admission of government

1294
01:00:59,520 --> 01:01:03,200
exhibit 1719 and 50. Its objections were

1295
01:01:03,200 --> 01:01:04,960
overruled.

1296
01:01:04,960 --> 01:01:08,640
Number 107. The following defendant

1297
01:01:08,640 --> 01:01:11,119
exhibits offered by midcarnant were

1298
01:01:11,119 --> 01:01:13,280
admitted into evidence. Defendant

1299
01:01:13,280 --> 01:01:18,960
exhibit 12, 15, 22, 40, 41, 43, and 47.

1300
01:01:18,960 --> 01:01:22,319
The city did not object to admission of

1301
01:01:22,319 --> 01:01:25,760
the midcontinent exhibit. Midcontinent

1302
01:01:25,760 --> 01:01:27,599
offered

1303
01:01:27,599 --> 01:01:30,640
a demonstrative exhibit 3 and four. The

1304
01:01:30,640 --> 01:01:33,280
city objected to the demonstrative being

1305
01:01:33,280 --> 01:01:36,079
admitted as exhibits. Midcontinent

1306
01:01:36,079 --> 01:01:38,720
withdraw the offer and ed demonstrate

1307
01:01:38,720 --> 01:01:41,920
exhibit 3 and

1308
01:01:41,920 --> 01:01:48,230
demonstrative exhibit 4 was admitted

1309
01:01:48,240 --> 01:01:51,440
number 108. The board has not relied

1310
01:01:51,440 --> 01:01:54,720
upon any single piece of evidence in

1311
01:01:54,720 --> 01:01:57,760
reaching its decision. Instead, the

1312
01:01:57,760 --> 01:02:01,839
board has weighed all of the direct and

1313
01:02:01,839 --> 01:02:04,240
circumstantial evidence presented,

1314
01:02:04,240 --> 01:02:06,319
including the physical evidence,

1315
01:02:06,319 --> 01:02:08,799
sampling data, biological evidence,

1316
01:02:08,799 --> 01:02:11,200
operational data, expert testimony,

1317
01:02:11,200 --> 01:02:14,640
documentary evidence, and witness

1318
01:02:14,640 --> 01:02:16,160
credibility.

1319
01:02:16,160 --> 01:02:19,119
When viewed collectively rather than in

1320
01:02:19,119 --> 01:02:23,040
isolation, the evidence continuously

1321
01:02:23,040 --> 01:02:24,640
demonstrate

1322
01:02:24,640 --> 01:02:27,680
that midcarnate discharge of quax

1323
01:02:27,680 --> 01:02:30,000
containing waste water caused the

1324
01:02:30,000 --> 01:02:33,119
materially contributed to May 2025

1325
01:02:33,119 --> 01:02:36,079
upset. The resulting interference with

1326
01:02:36,079 --> 01:02:41,920
the PW and the violations found herein

1327
01:02:41,920 --> 01:02:46,400
number 109. Mitnet is the only SIU in in

1328
01:02:46,400 --> 01:02:49,599
ENIT that uses quax containing compounds

1329
01:02:49,599 --> 01:02:52,640
to manufacture products. Its usage of

1330
01:02:52,640 --> 01:02:56,480
quax is significantly larger than other

1331
01:02:56,480 --> 01:02:59,040
facilities that use quax for only

1332
01:02:59,040 --> 01:03:02,319
cleaning and disinfecting prop purposes.

1333
01:03:02,319 --> 01:03:07,599
It is undisputable that MH1P020

1334
01:03:07,599 --> 01:03:11,040
accepts the discharge of only affluent

1335
01:03:11,040 --> 01:03:13,599
coming from midcarnate.

1336
01:03:13,599 --> 01:03:17,520
The POWW upset was accompanied by

1337
01:03:17,520 --> 01:03:20,000
significant foaming and cleaner like

1338
01:03:20,000 --> 01:03:22,720
smells. The 54th Street lift station

1339
01:03:22,720 --> 01:03:26,640
which directs effluent to the PW at the

1340
01:03:26,640 --> 01:03:29,200
same time was experienced significant

1341
01:03:29,200 --> 01:03:34,160
foaming and cleaner-like smells. MH1P020

1342
01:03:34,160 --> 01:03:36,400
which is directly north of the 54th

1343
01:03:36,400 --> 01:03:39,039
Street lift station was at the same time

1344
01:03:39,039 --> 01:03:41,119
experiencing significant foaming and

1345
01:03:41,119 --> 01:03:44,160
cleaner like smell.

1346
01:03:44,160 --> 01:03:47,200
All these conditions were abnormal. It

1347
01:03:47,200 --> 01:03:51,839
defines common sense to deny a con

1348
01:03:51,839 --> 01:03:53,839
connection between these three

1349
01:03:53,839 --> 01:03:55,520
observations

1350
01:03:55,520 --> 01:03:58,400
and the sole manufacturer of cleaning

1351
01:03:58,400 --> 01:04:01,119
products that discharge into the init

1352
01:04:01,119 --> 01:04:03,440
wastewater system and in effect

1353
01:04:03,440 --> 01:04:05,440
discharges directly into one of the

1354
01:04:05,440 --> 01:04:13,589
sites. MH1P020

1355
01:04:13,599 --> 01:04:15,599
number 110.

1356
01:04:15,599 --> 01:04:19,599
The testing of the May 20 grab sample

1357
01:04:19,599 --> 01:04:22,000
along with subsequent samples in June,

1358
01:04:22,000 --> 01:04:24,559
July, and August 2025 indicates the

1359
01:04:24,559 --> 01:04:28,319
presence of quacks in MH1P020

1360
01:04:28,319 --> 01:04:30,960
in quantities that are not explainable

1361
01:04:30,960 --> 01:04:33,680
by ordinary cleaning activities that one

1362
01:04:33,680 --> 01:04:36,079
might see in any other significant

1363
01:04:36,079 --> 01:04:39,359
business or industry. That is it is

1364
01:04:39,359 --> 01:04:42,799
apparent that the reading were readings

1365
01:04:42,799 --> 01:04:45,039
were the results of quacks being

1366
01:04:45,039 --> 01:04:47,920
discharged in a greater quantity not

1367
01:04:47,920 --> 01:04:51,599
simply from wiping down counters or

1368
01:04:51,599 --> 01:04:55,119
cleaning floors not covered with quax

1369
01:04:55,119 --> 01:04:58,390
waste.

1370
01:04:58,400 --> 01:05:03,039
Number 11. Midconent called no witness

1371
01:05:03,039 --> 01:05:06,000
to dispute the evidence repres presented

1372
01:05:06,000 --> 01:05:08,079
by the city with respect to the quax

1373
01:05:08,079 --> 01:05:11,119
feed feed stock and material stored in

1374
01:05:11,119 --> 01:05:13,680
the large quantities within its facility

1375
01:05:13,680 --> 01:05:16,400
nor the city's evidence with respect to

1376
01:05:16,400 --> 01:05:19,200
the conditions of the facility and the

1377
01:05:19,200 --> 01:05:21,760
significant risk of the escape of quax

1378
01:05:21,760 --> 01:05:24,079
laddin substances

1379
01:05:24,079 --> 01:05:28,240
that unrivate evidence demonstrate the

1380
01:05:28,240 --> 01:05:30,480
significant risk to the wastewater

1381
01:05:30,480 --> 01:05:34,000
system from accidental or intentional

1382
01:05:34,000 --> 01:05:36,720
discharges of the quack effluent. Number

1383
01:05:36,720 --> 01:05:41,280
112. The presence of quacks in MH1P020

1384
01:05:41,280 --> 01:05:43,280
demonstrates violations of the

1385
01:05:43,280 --> 01:05:45,760
midcontinent permit. In addition to

1386
01:05:45,760 --> 01:05:48,160
prohibiting actual interference with the

1387
01:05:48,160 --> 01:05:50,960
PW and pass through, the permit

1388
01:05:50,960 --> 01:05:53,760
prohibits discharge of substances that

1389
01:05:53,760 --> 01:05:56,960
may interfere either alone or in

1390
01:05:56,960 --> 01:06:01,359
conjunction with other discharges.

1391
01:06:01,359 --> 01:06:05,039
Number 113. The city investigated other

1392
01:06:05,039 --> 01:06:07,599
potential sources rather than assuming

1393
01:06:07,599 --> 01:06:09,920
midcontent was responsible. Its

1394
01:06:09,920 --> 01:06:13,200
investigation include included field

1395
01:06:13,200 --> 01:06:15,200
observations, wastewater pathways

1396
01:06:15,200 --> 01:06:17,680
analysis, pathway analysis, sampling

1397
01:06:17,680 --> 01:06:20,720
from multiple locations, review of plant

1398
01:06:20,720 --> 01:06:23,280
operational data, SDS review, documents

1399
01:06:23,280 --> 01:06:26,319
review, meetings with midcarnate and

1400
01:06:26,319 --> 01:06:29,520
evaluations of other industrial users.

1401
01:06:29,520 --> 01:06:33,119
The investigation of investigation was

1402
01:06:33,119 --> 01:06:35,839
interactive and datadriven. As

1403
01:06:35,839 --> 01:06:37,520
additional observations, sampling

1404
01:06:37,520 --> 01:06:41,359
results, plan data, operator reports and

1405
01:06:41,359 --> 01:06:44,160
facility information became available,

1406
01:06:44,160 --> 01:06:46,480
city personnel adjusted the

1407
01:06:46,480 --> 01:06:48,720
investigation and coordinated

1408
01:06:48,720 --> 01:06:51,280
additionally additional sampling, review

1409
01:06:51,280 --> 01:06:55,910
and source evaluation.

1410
01:06:55,920 --> 01:06:59,680
Number 114. The board finds that the

1411
01:06:59,680 --> 01:07:02,000
city responsible

1412
01:07:02,000 --> 01:07:05,119
city reasonably relied on multiple lines

1413
01:07:05,119 --> 01:07:07,520
of evidence rather than a single data

1414
01:07:07,520 --> 01:07:10,079
point including foam and order

1415
01:07:10,079 --> 01:07:12,640
observations, analytical testing, plant

1416
01:07:12,640 --> 01:07:14,880
performance data, bacterial testing,

1417
01:07:14,880 --> 01:07:17,200
facility information, sewer

1418
01:07:17,200 --> 01:07:19,520
configuration evidence, and source

1419
01:07:19,520 --> 01:07:23,200
pathway knowledge. Number 115. The

1420
01:07:23,200 --> 01:07:27,119
absence of an eyewitness

1421
01:07:27,119 --> 01:07:29,680
to the specific cleaning or discharging

1422
01:07:29,680 --> 01:07:33,760
EV event does not defect source

1423
01:07:33,760 --> 01:07:35,440
attributions.

1424
01:07:35,440 --> 01:07:38,240
The city's source determination is sus

1425
01:07:38,240 --> 01:07:40,640
supported by circumstantial evidence

1426
01:07:40,640 --> 01:07:42,480
including midcontinence operations,

1427
01:07:42,480 --> 01:07:44,559
discharge pathways, timing, physical

1428
01:07:44,559 --> 01:07:46,240
observations, sampling results,

1429
01:07:46,240 --> 01:07:49,200
biological evidence, and evaluation of

1430
01:07:49,200 --> 01:07:54,150
alternative sources.

1431
01:07:54,160 --> 01:07:57,119
number 116. The record supports a

1432
01:07:57,119 --> 01:07:59,039
finding that the abnormal discharge

1433
01:07:59,039 --> 01:08:03,200
indic indicators, WRF upset indicators

1434
01:08:03,200 --> 01:08:06,000
and downstream environmental

1435
01:08:06,000 --> 01:08:08,400
consequences occurred within a closely

1436
01:08:08,400 --> 01:08:11,359
connected time frame and that the city

1437
01:08:11,359 --> 01:08:14,559
reasonably expected its investigation

1438
01:08:14,559 --> 01:08:16,640
after a report of a fish kill because

1439
01:08:16,640 --> 01:08:19,199
the issue implic

1440
01:08:19,199 --> 01:08:21,920
implicated downstream environmental

1441
01:08:21,920 --> 01:08:25,520
impacts as well as plant operations.

1442
01:08:25,520 --> 01:08:29,120
Number 117. The board does not find the

1443
01:08:29,120 --> 01:08:34,799
absence of octo octo deco dimethyl

1444
01:08:34,799 --> 01:08:38,640
ammonium chloride from certain influent

1445
01:08:38,640 --> 01:08:41,839
reports sufficient to outweigh the

1446
01:08:41,839 --> 01:08:44,239
remaining evidence. The numer numerous

1447
01:08:44,239 --> 01:08:47,040
other quack compounds associated with

1448
01:08:47,040 --> 01:08:49,279
midcontinent were identified in both

1449
01:08:49,279 --> 01:08:52,640
midcontinent's wastewater and the plant

1450
01:08:52,640 --> 01:08:54,239
influent.

1451
01:08:54,239 --> 01:08:57,759
The board concluded concludes that the

1452
01:08:57,759 --> 01:09:02,000
absence of a single analytical analyte

1453
01:09:02,000 --> 01:09:04,880
analyte does not negate the city's

1454
01:09:04,880 --> 01:09:08,159
source attribution analysis number 118.

1455
01:09:08,159 --> 01:09:11,359
The board does not find that any other

1456
01:09:11,359 --> 01:09:14,640
SIU possess the same con combination of

1457
01:09:14,640 --> 01:09:16,799
quacks, handling operations, wastewater

1458
01:09:16,799 --> 01:09:19,279
pathway, physical observation, sampling

1459
01:09:19,279 --> 01:09:22,400
results, and temporal relationship to

1460
01:09:22,400 --> 01:09:25,920
the May 2025 upset as a midcontent. The

1461
01:09:25,920 --> 01:09:28,159
city's investigation reasonably

1462
01:09:28,159 --> 01:09:30,560
eliminated other significant industrial

1463
01:09:30,560 --> 01:09:33,839
users as the likely source of the

1464
01:09:33,839 --> 01:09:37,120
discharge number 119. The board does not

1465
01:09:37,120 --> 01:09:41,120
find persuade you EDA's opinion that

1466
01:09:41,120 --> 01:09:43,920
inhibitation could not occur below

1467
01:09:43,920 --> 01:09:47,279
approximately 50 mgs per liter such that

1468
01:09:47,279 --> 01:09:49,120
midcarnate is not reasonable for

1469
01:09:49,120 --> 01:09:57,830
writation

1470
01:09:57,840 --> 01:10:00,320
administrative order permit modification

1471
01:10:00,320 --> 01:10:02,320
seess

1472
01:10:02,320 --> 01:10:05,120
order emergency suspension and permit

1473
01:10:05,120 --> 01:10:08,560
denial. were based upon information

1474
01:10:08,560 --> 01:10:10,640
developed during the city's

1475
01:10:10,640 --> 01:10:12,800
investigation and recommendation of the

1476
01:10:12,800 --> 01:10:14,480
city staff responsible for

1477
01:10:14,480 --> 01:10:16,719
administration of the pre-treatment

1478
01:10:16,719 --> 01:10:20,800
program number 121. The board finds that

1479
01:10:20,800 --> 01:10:24,719
neither the city sewer use ordinance nor

1480
01:10:24,719 --> 01:10:27,280
accepted wastewater engineering

1481
01:10:27,280 --> 01:10:29,840
principle require the city to establish

1482
01:10:29,840 --> 01:10:32,239
an exact chemical

1483
01:10:32,239 --> 01:10:34,960
fingerprint. Identifying every

1484
01:10:34,960 --> 01:10:37,360
individual quack species at every

1485
01:10:37,360 --> 01:10:41,440
sampling location are pro

1486
01:10:41,440 --> 01:10:44,000
a single universal inhibitory

1487
01:10:44,000 --> 01:10:46,320
concentration

1488
01:10:46,320 --> 01:10:49,440
before concluding that a prohibition

1489
01:10:49,440 --> 01:10:52,560
prohibited discharge occurred. Thus

1490
01:10:52,560 --> 01:10:55,840
source attribution and interference are

1491
01:10:55,840 --> 01:10:57,840
established by the totality of the

1492
01:10:57,840 --> 01:11:03,350
evidence.

1493
01:11:03,360 --> 01:11:06,239
Number 11 122.

1494
01:11:06,239 --> 01:11:08,400
The board finds that quacks are

1495
01:11:08,400 --> 01:11:11,040
antimicrobial compounds intended to kill

1496
01:11:11,040 --> 01:11:13,600
or inhibit microorganisms because the

1497
01:11:13,600 --> 01:11:16,400
ENT WRF depends on living micron

1498
01:11:16,400 --> 01:11:19,440
microorganisms to perform by biological

1499
01:11:19,440 --> 01:11:21,840
treatment including nitrification quax

1500
01:11:21,840 --> 01:11:24,560
containing waste water is capable of

1501
01:11:24,560 --> 01:11:28,239
creating toxic effects within the POW

1502
01:11:28,239 --> 01:11:30,239
when discharged into sufficient

1503
01:11:30,239 --> 01:11:32,400
sufficient quantity.

1504
01:11:32,400 --> 01:11:35,199
Number one, two, three. The board finds

1505
01:11:35,199 --> 01:11:37,360
that midcontent discharge waste water

1506
01:11:37,360 --> 01:11:40,400
containing quax and cationic surfectants

1507
01:11:40,400 --> 01:11:43,520
to the city's sanitary sewer system.

1508
01:11:43,520 --> 01:11:47,360
Those compounds included benzo

1509
01:11:47,360 --> 01:11:51,679
benzylcomium family compounds, DD A

1510
01:11:51,679 --> 01:11:55,520
family compounds, OD MAC,

1511
01:11:55,520 --> 01:12:01,040
D O M A and related quadinary ammonium

1512
01:12:01,040 --> 01:12:03,600
compounds detected in samples collected

1513
01:12:03,600 --> 01:12:05,440
from midcontinents representative

1514
01:12:05,440 --> 01:12:08,640
discharge location.

1515
01:12:08,640 --> 01:12:11,120
Number 124.

1516
01:12:11,120 --> 01:12:13,040
The board finds that the quack

1517
01:12:13,040 --> 01:12:14,880
concentrations

1518
01:12:14,880 --> 01:12:18,880
identified during the May 2025 event

1519
01:12:18,880 --> 01:12:21,840
were not background

1520
01:12:21,840 --> 01:12:25,199
municipal levels, ordinary household use

1521
01:12:25,199 --> 01:12:27,600
or trace contamination.

1522
01:12:27,600 --> 01:12:29,679
The concentrations detected at

1523
01:12:29,679 --> 01:12:32,400
midcarnate discharge point and the mass

1524
01:12:32,400 --> 01:12:35,679
of quacks entering the WRF were

1525
01:12:35,679 --> 01:12:38,000
consistent with a significant industrial

1526
01:12:38,000 --> 01:12:41,440
discharge number 125. The board finds

1527
01:12:41,440 --> 01:12:44,719
that the mere existence of quax from

1528
01:12:44,719 --> 01:12:46,719
residential, commercial or industrial

1529
01:12:46,719 --> 01:12:50,480
sources of sources does not preclude a

1530
01:12:50,480 --> 01:12:52,960
finding that midcontinent caused a

1531
01:12:52,960 --> 01:12:56,560
contributed to the May 2025 upset. The

1532
01:12:56,560 --> 01:12:58,640
evidence established that midcontinence

1533
01:12:58,640 --> 01:13:01,280
operations, the concentrations

1534
01:13:01,280 --> 01:13:04,000
and the mass of quacks discharged, the

1535
01:13:04,000 --> 01:13:06,880
timing of event of the event, the

1536
01:13:06,880 --> 01:13:08,640
physical observations, the sewer

1537
01:13:08,640 --> 01:13:10,960
configurations and the biological

1538
01:13:10,960 --> 01:13:14,080
effects distinguished mid-continents

1539
01:13:14,080 --> 01:13:16,159
discharge from ordinary background

1540
01:13:16,159 --> 01:13:19,510
sources.

1541
01:13:19,520 --> 01:13:21,840
Number 126. The board finds that the

1542
01:13:21,840 --> 01:13:24,400
quack containing waste water caused or

1543
01:13:24,400 --> 01:13:27,199
contributed to toxic effects within the

1544
01:13:27,199 --> 01:13:29,360
WRF biological treatment process

1545
01:13:29,360 --> 01:13:31,440
including inhibitation or loss of

1546
01:13:31,440 --> 01:13:33,679
nitrifying bacteria, loss of ammonia

1547
01:13:33,679 --> 01:13:36,480
level removal,

1548
01:13:36,480 --> 01:13:39,360
disruption to disruption of biomass and

1549
01:13:39,360 --> 01:13:42,400
impaired treatment performance.

1550
01:13:42,400 --> 01:13:45,440
Number 27 127. The board finds that

1551
01:13:45,440 --> 01:13:47,600
midcontinence discharge caused the

1552
01:13:47,600 --> 01:13:50,400
contributions to interference with the

1553
01:13:50,400 --> 01:13:53,520
operations and performance of the PW.

1554
01:13:53,520 --> 01:13:57,520
Before the May 9 2025 event, the WRF was

1555
01:13:57,520 --> 01:14:00,000
achieving complete or near complete

1556
01:14:00,000 --> 01:14:03,840
nitrification. After the event, the

1557
01:14:03,840 --> 01:14:05,920
event affluent ammonia increased

1558
01:14:05,920 --> 01:14:08,719
sharply. Nitrification failure failed,

1559
01:14:08,719 --> 01:14:11,199
suspended solids increased, phosphorus

1560
01:14:11,199 --> 01:14:13,679
removal was impaired, and biological

1561
01:14:13,679 --> 01:14:18,470
treatment performance deteriorated.

1562
01:14:18,480 --> 01:14:21,280
Number 128. The board finds that the

1563
01:14:21,280 --> 01:14:23,280
interference was not limited to a

1564
01:14:23,280 --> 01:14:26,560
laboratory result. It was reflected in

1565
01:14:26,560 --> 01:14:30,560
plant operations, foam, and order

1566
01:14:30,560 --> 01:14:32,880
observations.

1567
01:14:32,880 --> 01:14:35,760
loss of nitrifying bacteria, elevated

1568
01:14:35,760 --> 01:14:38,960
ammonia, impaired phosphorus removal,

1569
01:14:38,960 --> 01:14:41,760
operational response measures, and the

1570
01:14:41,760 --> 01:14:45,520
need for recovery efforts. Number 129.

1571
01:14:45,520 --> 01:14:47,840
The board finds that the discharge

1572
01:14:47,840 --> 01:14:50,400
interfered with the city's ability to

1573
01:14:50,400 --> 01:14:53,360
operate the WRF in the ordinary course

1574
01:14:53,360 --> 01:14:55,520
and required extraordinary operational

1575
01:14:55,520 --> 01:14:58,560
measures including additional testing,

1576
01:14:58,560 --> 01:15:01,120
cationic surfectants monitoring,

1577
01:15:01,120 --> 01:15:05,280
neutraquad, biological reeding, pumping

1578
01:15:05,280 --> 01:15:08,480
equipment, response planning and

1579
01:15:08,480 --> 01:15:12,310
diversion protocols.

1580
01:15:12,320 --> 01:15:14,480
Number 130. The board finds that

1581
01:15:14,480 --> 01:15:16,960
midcontinent's discharge caused or

1582
01:15:16,960 --> 01:15:19,600
contributed to conditions that impaired

1583
01:15:19,600 --> 01:15:24,000
the city's ability to comply comply with

1584
01:15:24,000 --> 01:15:27,840
its OPDS NPDS obligations. The city's

1585
01:15:27,840 --> 01:15:30,719
permit required compliance with ammonia

1586
01:15:30,719 --> 01:15:33,600
limits and protection of the receiving

1587
01:15:33,600 --> 01:15:37,440
stream. At the May 2025 upset cause

1588
01:15:37,440 --> 01:15:39,920
elevated affluent ammonia and downstream

1589
01:15:39,920 --> 01:15:44,149
environmental consequences.

1590
01:15:44,159 --> 01:15:46,640
Number 131. The board finds that the

1591
01:15:46,640 --> 01:15:50,960
city as the OPDS NPDS permit holder was

1592
01:15:50,960 --> 01:15:53,199
exposed to regulatory consequences

1593
01:15:53,199 --> 01:15:56,239
because of the upset including OP ODQ

1594
01:15:56,239 --> 01:15:58,480
enforcement and wildlife related

1595
01:15:58,480 --> 01:16:01,280
assessment arising from downstream

1596
01:16:01,280 --> 01:16:04,880
impacts. Number 132. The board finds

1597
01:16:04,880 --> 01:16:07,360
that the discharge created conditions

1598
01:16:07,360 --> 01:16:09,760
that impaired the city's ability to

1599
01:16:09,760 --> 01:16:12,640
prevent pass through because

1600
01:16:12,640 --> 01:16:16,480
pollutants entered the PW in quantities

1601
01:16:16,480 --> 01:16:18,880
and under circum under circumstances

1602
01:16:18,880 --> 01:16:21,360
that impaired the treatment plant under

1603
01:16:21,360 --> 01:16:24,000
the treatment and affected the city's

1604
01:16:24,000 --> 01:16:26,880
ability to protect Skeleton Creek.

1605
01:16:26,880 --> 01:16:28,960
Number 133.

1606
01:16:28,960 --> 01:16:32,000
The board finds that the May 2025 event

1607
01:16:32,000 --> 01:16:35,679
was acute and not a gradual decline in

1608
01:16:35,679 --> 01:16:37,760
the plan performance.

1609
01:16:37,760 --> 01:16:40,800
The WRF was operating with effective

1610
01:16:40,800 --> 01:16:43,040
ammonia removal before the event

1611
01:16:43,040 --> 01:16:45,840
followed by a sudden ammonia spike, foam

1612
01:16:45,840 --> 01:16:51,510
order, and biological treatment failure.

1613
01:16:51,520 --> 01:16:53,760
Number 134. The board finds that the

1614
01:16:53,760 --> 01:16:56,480
timing of midcontinent's May 19th

1615
01:16:56,480 --> 01:16:58,480
cleaning audit activities returned to

1616
01:16:58,480 --> 01:17:01,040
full production foam and clean cleaner

1617
01:17:01,040 --> 01:17:03,440
order at the midcontinent manhole and

1618
01:17:03,440 --> 01:17:06,000
the immediate downstream observations

1619
01:17:06,000 --> 01:17:10,159
support a finding that the discharge was

1620
01:17:10,159 --> 01:17:14,640
episodic or slug like in nature.

1621
01:17:14,640 --> 01:17:16,880
135. The board finds that the discharge

1622
01:17:16,880 --> 01:17:20,960
was of a nature, volume or concentration

1623
01:17:20,960 --> 01:17:23,280
sufficient to disrupt the POW and

1624
01:17:23,280 --> 01:17:26,000
requires immediate operational response.

1625
01:17:26,000 --> 01:17:29,040
Number 136. The board finds that B

1626
01:17:29,040 --> 01:17:31,520
midconent failed to adequately prevent a

1627
01:17:31,520 --> 01:17:34,159
quack containing waste water, wash

1628
01:17:34,159 --> 01:17:38,320
water, spills, tank resins, resin, rinse

1629
01:17:38,320 --> 01:17:42,560
sets or related chemical

1630
01:17:42,560 --> 01:17:44,719
residues from entering the sanitary

1631
01:17:44,719 --> 01:17:47,840
sewer system.

1632
01:17:47,840 --> 01:17:50,080
Number 137. The board finds that

1633
01:17:50,080 --> 01:17:52,800
midcontent did not demonstrate adequate

1634
01:17:52,800 --> 01:17:55,840
pre-treatment, segregation, contaminant

1635
01:17:55,840 --> 01:17:58,560
monitoring or off-site disposal control

1636
01:17:58,560 --> 01:18:01,840
sufficient to protect the POTW from

1637
01:18:01,840 --> 01:18:04,400
quarks containing wastewater. Number

1638
01:18:04,400 --> 01:18:07,840
138. The board finds that MidCon did not

1639
01:18:07,840 --> 01:18:10,719
timely or completely provide the

1640
01:18:10,719 --> 01:18:12,560
information necessary for the city to

1641
01:18:12,560 --> 01:18:15,760
evaluate its discharge practices. Quack

1642
01:18:15,760 --> 01:18:19,040
containing waste streams, SDS, chemical

1643
01:18:19,040 --> 01:18:21,440
investig inventories, pre-treatment

1644
01:18:21,440 --> 01:18:24,470
practices,

1645
01:18:24,480 --> 01:18:27,280
containerization, off-site disposal and

1646
01:18:27,280 --> 01:18:33,030
corrective measures.

1647
01:18:33,040 --> 01:18:35,920
Number 139. The board finds that the

1648
01:18:35,920 --> 01:18:38,880
city could not reliably protect the PW

1649
01:18:38,880 --> 01:18:41,440
without complete information regarding

1650
01:18:41,440 --> 01:18:43,600
midcarnance quack containing products,

1651
01:18:43,600 --> 01:18:45,920
waste pathways, treatment practices and

1652
01:18:45,920 --> 01:18:50,310
discharge controls.

1653
01:18:50,320 --> 01:18:52,640
Number 140. The board finds that the

1654
01:18:52,640 --> 01:18:54,960
administrative order was necessary

1655
01:18:54,960 --> 01:18:57,920
because the NOV alone did not resolve

1656
01:18:57,920 --> 01:19:01,440
the compliance concerns. Continued quack

1657
01:19:01,440 --> 01:19:03,520
detections, unresolved wastewater

1658
01:19:03,520 --> 01:19:05,280
pathways,

1659
01:19:05,280 --> 01:19:07,840
incomplete information and inadequate

1660
01:19:07,840 --> 01:19:10,400
demonstrated pre- treatment in justifies

1661
01:19:10,400 --> 01:19:12,800
the corrective measures, continued

1662
01:19:12,800 --> 01:19:14,960
monitoring and enforcable compliance

1663
01:19:14,960 --> 01:19:17,679
obligations.

1664
01:19:17,679 --> 01:19:20,159
Number 141. The board finds that the

1665
01:19:20,159 --> 01:19:23,360
city's require requested costs were

1666
01:19:23,360 --> 01:19:26,719
reasonable reasonably and necessarily to

1667
01:19:26,719 --> 01:19:30,159
incur to investigate the discharge,

1668
01:19:30,159 --> 01:19:32,800
identify its source, restore biological

1669
01:19:32,800 --> 01:19:35,600
treatment, respond to ODQ and wildlife

1670
01:19:35,600 --> 01:19:38,480
related consequences, protect the PDW

1671
01:19:38,480 --> 01:19:42,390
and prevent recurrence.

1672
01:19:42,400 --> 01:19:45,120
Number 142. The board finds that the

1673
01:19:45,120 --> 01:19:47,360
requested penalties and cost recovery

1674
01:19:47,360 --> 01:19:50,320
were are reasonable in light of nature

1675
01:19:50,320 --> 01:19:53,520
of the violations, the harm to the PW

1676
01:19:53,520 --> 01:19:56,239
PW, the downstream environmental

1677
01:19:56,239 --> 01:19:58,719
impacts, the city's regulatory exposure,

1678
01:19:58,719 --> 01:20:02,239
midcarnance incomplete information, and

1679
01:20:02,239 --> 01:20:05,840
the resources required to investigate,

1680
01:20:05,840 --> 01:20:08,400
respond to, and prevent reoccurrence.

1681
01:20:08,400 --> 01:20:10,880
Number 143. Having considered

1682
01:20:10,880 --> 01:20:14,239
midcontinent's defi defenses together

1683
01:20:14,239 --> 01:20:16,960
with all of the evidence presented the

1684
01:20:16,960 --> 01:20:18,560
board concludes that the those

1685
01:20:18,560 --> 01:20:22,080
deficiency deficient defenses do not

1686
01:20:22,080 --> 01:20:25,520
overcome the greater way of the evidence

1687
01:20:25,520 --> 01:20:27,120
establishing that the midcontent

1688
01:20:27,120 --> 01:20:29,440
discharged quack containing wastewater

1689
01:20:29,440 --> 01:20:31,760
that caused the caused or materially

1690
01:20:31,760 --> 01:20:35,679
contributed to the May 2025 WRF upset

1691
01:20:35,679 --> 01:20:38,320
and the resulting violations of the

1692
01:20:38,320 --> 01:20:42,159
sewer use ordinance and permit number

1693
01:20:42,159 --> 01:20:44,880
021

1694
01:20:44,880 --> 01:20:47,679
number 144. The board finds that the NOV

1695
01:20:47,679 --> 01:20:50,080
and administrative orders were issued

1696
01:20:50,080 --> 01:20:53,600
not merely to impose penalties but to

1697
01:20:53,600 --> 01:20:56,719
identify and eliminate the cause of May

1698
01:20:56,719 --> 01:21:00,400
25 May 2025 upset. Obtaining information

1699
01:21:00,400 --> 01:21:02,320
necessary for the cities to evaluate

1700
01:21:02,320 --> 01:21:04,719
midcontinents wastewater practices

1701
01:21:04,719 --> 01:21:06,400
require corrective measures to protect

1702
01:21:06,400 --> 01:21:09,120
POW. ensuring future compliance with

1703
01:21:09,120 --> 01:21:12,560
permit number 021 and sewer use

1704
01:21:12,560 --> 01:21:16,320
ordinance and reduce the likelihood

1705
01:21:16,320 --> 01:21:18,880
likelihood of similar interference with

1706
01:21:18,880 --> 01:21:21,679
the city's biological treatment process.

1707
01:21:21,679 --> 01:21:25,040
The administrative order was reasonable

1708
01:21:25,040 --> 01:21:28,480
ex exercise the city's pre-treatment

1709
01:21:28,480 --> 01:21:30,960
authority following completion of its

1710
01:21:30,960 --> 01:21:34,630
investigation

1711
01:21:34,640 --> 01:21:37,920
number 145. Accordingly, the board finds

1712
01:21:37,920 --> 01:21:42,080
that the city's pro proved

1713
01:21:42,080 --> 01:21:44,960
the factual basis for the NOV and

1714
01:21:44,960 --> 01:21:47,760
administrative order by greater way of

1715
01:21:47,760 --> 01:21:54,470
its evidence of the evidence.

1716
01:21:54,480 --> 01:21:55,679
Do you want me to?

1717
01:21:55,679 --> 01:21:59,830
>> Yeah. Is that okay if I take over?

1718
01:21:59,830 --> 01:21:59,840
» Yeah. Is that okay if I take over?

1719
01:21:59,840 --> 01:22:02,000
Conclusion of laws, jurisdiction and

1720
01:22:02,000 --> 01:22:03,920
standard of review. The Environmental

1721
01:22:03,920 --> 01:22:05,920
Enforcement Board has jurisdiction over

1722
01:22:05,920 --> 01:22:08,080
the appe this appeal pursuant to the

1723
01:22:08,080 --> 01:22:10,560
Enids sewer use ordinance. The board

1724
01:22:10,560 --> 01:22:13,440
conducted a denovo evidentary hearing

1725
01:22:13,440 --> 01:22:15,840
and serves as a finder of the fact

1726
01:22:15,840 --> 01:22:17,840
including determining witness

1727
01:22:17,840 --> 01:22:19,760
credibility, weighing conflicting

1728
01:22:19,760 --> 01:22:22,080
evidence and applying the applicable

1729
01:22:22,080 --> 01:22:24,800
provisions of the sewer use ordinance

1730
01:22:24,800 --> 01:22:27,600
permit number 021 and governing state

1731
01:22:27,600 --> 01:22:30,480
and a federal pre-treatment law. Federal

1732
01:22:30,480 --> 01:22:34,000
Regulatory Authority. The MPDEes program

1733
01:22:34,000 --> 01:22:37,280
begins with a federal regulation 40 CFR

1734
01:22:37,280 --> 01:22:39,600
part 403 covers pre-treatment

1735
01:22:39,600 --> 01:22:42,159
regulations for existing and new sources

1736
01:22:42,159 --> 01:22:44,400
of pollution. It establishes

1737
01:22:44,400 --> 01:22:46,239
responsibility of federal, state and

1738
01:22:46,239 --> 01:22:49,840
local government, industry,

1739
01:22:49,840 --> 01:22:52,880
industry and public to the implement

1740
01:22:52,880 --> 01:22:54,560
national pre-treatment standards to

1741
01:22:54,560 --> 01:22:56,800
control pollutants which pass through or

1742
01:22:56,800 --> 01:22:58,880
interfere fear with treatment processes

1743
01:22:58,880 --> 01:23:02,719
in publicly owned treatment works POWs

1744
01:23:02,719 --> 01:23:05,199
or which may contaminate sewage sludge.

1745
01:23:05,199 --> 01:23:09,199
40 CFR 403.1A.

1746
01:23:09,199 --> 01:23:12,159
At 403.5, it establishes national

1747
01:23:12,159 --> 01:23:14,080
pre-treatment standards and defines

1748
01:23:14,080 --> 01:23:16,719
prohibitive discharges, general prohib

1749
01:23:16,719 --> 01:23:19,520
prohibitions. A user may not introduce

1750
01:23:19,520 --> 01:23:22,719
into a POTW any pollutants which cause

1751
01:23:22,719 --> 01:23:24,800
pass through or interference. These

1752
01:23:24,800 --> 01:23:27,360
general prohibitions and the specific

1753
01:23:27,360 --> 01:23:32,080
prohibitions in paragraph B of this

1754
01:23:32,080 --> 01:23:35,120
section apply to each user in

1755
01:23:35,120 --> 01:23:38,560
introducing pollutants to into a POTW

1756
01:23:38,560 --> 01:23:40,800
whether or not the user is subject to

1757
01:23:40,800 --> 01:23:43,280
the national pre-treatment standards or

1758
01:23:43,280 --> 01:23:45,040
any national state or local

1759
01:23:45,040 --> 01:23:47,280
pre-treatment requirements.

1760
01:23:47,280 --> 01:23:51,199
40 CFR 403.5A-1

1761
01:23:51,199 --> 01:23:53,360
specific prohibitions including any

1762
01:23:53,360 --> 01:23:55,280
pollutant released at a rate or

1763
01:23:55,280 --> 01:23:56,639
concentration that will cause

1764
01:23:56,639 --> 01:24:00,960
interference with the POTW 40 CFR

1765
01:24:00,960 --> 01:24:03,679
403.5B4.

1766
01:24:03,679 --> 01:24:05,440
Two standards are used to regulate

1767
01:24:05,440 --> 01:24:09,040
discharges. The categoral standard and

1768
01:24:09,040 --> 01:24:11,520
the prohibitive discharges standard.

1769
01:24:11,520 --> 01:24:14,000
Patronis versus Marshall Durban Food

1770
01:24:14,000 --> 01:24:20,000
Corp. 205 WAW WL 8158435

1771
01:24:20,000 --> 01:24:24,000
at star11 ND

1772
01:24:24,000 --> 01:24:28,719
LA March 17th of 2005. While some

1773
01:24:28,719 --> 01:24:31,040
categoral standards are set, not all

1774
01:24:31,040 --> 01:24:33,280
pollutants are subject to a categoral

1775
01:24:33,280 --> 01:24:36,000
standard. Instead, prohibited discharges

1776
01:24:36,000 --> 01:24:38,000
are determined by toxic effect and

1777
01:24:38,000 --> 01:24:42,239
potential. Ryan Howser, NRCO versus

1778
01:24:42,239 --> 01:24:43,840
Washington State Department of

1779
01:24:43,840 --> 01:24:45,840
Ecological and Pollution Control. He

1780
01:24:45,840 --> 01:24:49,520
hearings board 33 Washington

1781
01:24:49,520 --> 01:24:56,800
app 2D 1040 2024 AM Pepper Industry.

1782
01:24:56,800 --> 01:24:58,480
Wow.

1783
01:24:58,480 --> 01:25:02,639
Um, Inc. versus US EPA 996F

1784
01:25:02,639 --> 01:25:09,199
2D 346 349 DC circulate 1993.

1785
01:25:09,199 --> 01:25:11,360
The Clean Water Act and its regulations

1786
01:25:11,360 --> 01:25:14,159
recognize neither a good faith nor a

1787
01:25:14,159 --> 01:25:18,080
deminimous defense intended a and intent

1788
01:25:18,080 --> 01:25:20,560
and good faith are irrelevant in actions

1789
01:25:20,560 --> 01:25:22,480
involving strict liability for

1790
01:25:22,480 --> 01:25:25,920
contaminated MPDes permit violations.

1791
01:25:25,920 --> 01:25:28,400
Patronis versus Marshall, Durban, Food

1792
01:25:28,400 --> 01:25:30,639
Corp. I assume all the rest of this

1793
01:25:30,639 --> 01:25:32,080
needs to be in the record. Is that

1794
01:25:32,080 --> 01:25:33,120
accurate?

1795
01:25:33,120 --> 01:25:36,310
>> It's a reference to the case citation.

1796
01:25:36,310 --> 01:25:36,320
» It's a reference to the case citation.

1797
01:25:36,320 --> 01:25:38,080
You've already referenced that case

1798
01:25:38,080 --> 01:25:41,120
citation. Just go ahead and say ID.

1799
01:25:41,120 --> 01:25:42,229
>> ID.

1800
01:25:42,229 --> 01:25:42,239
» ID.

1801
01:25:42,239 --> 01:25:44,870
>> Okay. State Regulatory Authority. The

1802
01:25:44,870 --> 01:25:44,880
» Okay. State Regulatory Authority. The

1803
01:25:44,880 --> 01:25:46,480
Oklahoma Department of Environmental

1804
01:25:46,480 --> 01:25:49,440
Quality issues permits for municipal

1805
01:25:49,440 --> 01:25:51,120
wastewater plants and requires

1806
01:25:51,120 --> 01:25:53,040
municipalities to regulate industrial

1807
01:25:53,040 --> 01:25:55,760
users. Among other prohibitions on

1808
01:25:55,760 --> 01:25:58,320
discharges, Oklahoma regulation

1809
01:25:58,320 --> 01:26:00,639
regulations prevent the discharge of

1810
01:26:00,639 --> 01:26:03,360
seven wastewater causing alone or in

1811
01:26:03,360 --> 01:26:05,600
conjunction with other sources. The

1812
01:26:05,600 --> 01:26:08,080
treatment plants affluent who fail a

1813
01:26:08,080 --> 01:26:10,480
toxicity test for purpose of this

1814
01:26:10,480 --> 01:26:12,320
paragraph. toxicity means that the

1815
01:26:12,320 --> 01:26:15,040
endpoint of the acute biom monitoring

1816
01:26:15,040 --> 01:26:17,280
test requirement as specified in the

1817
01:26:17,280 --> 01:26:22,560
CCTS NPDES permit. Oklahoma admin code

1818
01:26:22,560 --> 01:26:24,239
252

1819
01:26:24,239 --> 01:26:27,760
63 623-3-1

1820
01:26:27,760 --> 01:26:30,080
Oklahoma regul regulations also

1821
01:26:30,080 --> 01:26:32,960
expressly prohibited eight detergent

1822
01:26:32,960 --> 01:26:35,920
surfac surface agent

1823
01:26:35,920 --> 01:26:38,560
active agents or other substances which

1824
01:26:38,560 --> 01:26:41,679
may cause excessive foaming in the POW

1825
01:26:41,679 --> 01:26:47,669
Oklahoma admin code 252 623-3-1

1826
01:26:47,679 --> 01:26:50,719
further ODQ defines that interference

1827
01:26:50,719 --> 01:26:53,840
includes a discharge with alone or with

1828
01:26:53,840 --> 01:26:56,639
other discharges, inhibits or disrupts

1829
01:26:56,639 --> 01:26:58,880
the POTW treatment process or

1830
01:26:58,880 --> 01:27:00,719
operations, and contributes to a

1831
01:27:00,719 --> 01:27:04,400
violation of requirements of the POTW

1832
01:27:04,400 --> 01:27:07,679
NPDES permit, Oklahoma admin code

1833
01:27:07,679 --> 01:27:11,750
25623-1-4.

1834
01:27:11,760 --> 01:27:14,719
Pass through includes a discharge that

1835
01:27:14,719 --> 01:27:18,159
exits the POTW into waters of the United

1836
01:27:18,159 --> 01:27:20,880
States in quantities or concentrations

1837
01:27:20,880 --> 01:27:24,159
that cause a violation of the POTW's

1838
01:27:24,159 --> 01:27:27,120
NPDES permit. Oklahoma admin code

1839
01:27:27,120 --> 01:27:31,350
25623-1-4.

1840
01:27:31,360 --> 01:27:33,360
Pre-treatment includes reduction,

1841
01:27:33,360 --> 01:27:35,360
elimination, or alteration of pollutants

1842
01:27:35,360 --> 01:27:38,320
before discharge to a POTW, including

1843
01:27:38,320 --> 01:27:40,480
controls to protect against surges or

1844
01:27:40,480 --> 01:27:42,639
slug loads that inter might interfere

1845
01:27:42,639 --> 01:27:46,080
with or be incompatible with the POW.

1846
01:27:46,080 --> 01:27:52,470
Oklahoma admin code 25623-1-427A

1847
01:27:52,480 --> 01:27:55,990
2-6-2025.

1848
01:27:56,000 --> 01:27:59,440
slug includes any non-rine episodic

1849
01:27:59,440 --> 01:28:01,920
discharge including an accidental spill

1850
01:28:01,920 --> 01:28:04,239
or non-customary batch discharge

1851
01:28:04,239 --> 01:28:10,310
Oklahoma admin code 25 2623-1-4

1852
01:28:10,320 --> 01:28:13,120
city regulation authority regulatory

1853
01:28:13,120 --> 01:28:15,920
authority the ENID code of ordinances

1854
01:28:15,920 --> 01:28:17,840
contains several provisions prohibiting

1855
01:28:17,840 --> 01:28:20,320
discharges in violation of an SIU's

1856
01:28:20,320 --> 01:28:23,440
permit 8-3F-3

1857
01:28:23,440 --> 01:28:26,639
requires a permit stating A permit

1858
01:28:26,639 --> 01:28:28,960
required. It shall be unlawful for any

1859
01:28:28,960 --> 01:28:31,280
significant industrial user to discharge

1860
01:28:31,280 --> 01:28:34,719
any waste water in to any natural outlet

1861
01:28:34,719 --> 01:28:37,840
within the city and or to the POTW

1862
01:28:37,840 --> 01:28:40,239
without a wastewater discharge permit

1863
01:28:40,239 --> 01:28:42,239
except as also authorized by the

1864
01:28:42,239 --> 01:28:44,480
environmental compliance specialist in

1865
01:28:44,480 --> 01:28:46,159
accordance with the provisions of this

1866
01:28:46,159 --> 01:28:49,280
article. 8-3F-4

1867
01:28:49,280 --> 01:28:51,360
allows for conditions and ordinance

1868
01:28:51,360 --> 01:28:54,880
compliance stating C permit conditions

1869
01:28:54,880 --> 01:28:57,679
wastewater discharge permits shall be

1870
01:28:57,679 --> 01:28:59,600
expressly subject to all provisions of

1871
01:28:59,600 --> 01:29:01,840
this article and all other applicable

1872
01:29:01,840 --> 01:29:04,400
ordinances other charges and fees

1873
01:29:04,400 --> 01:29:06,800
established by the city specific

1874
01:29:06,800 --> 01:29:08,800
prohibitions are also contained in the

1875
01:29:08,800 --> 01:29:13,040
code of ordinances 8-3A-8A

1876
01:29:13,040 --> 01:29:15,199
discharge of certain waters or waste to

1877
01:29:15,199 --> 01:29:18,560
sanitary sewer A general prohibitions.

1878
01:29:18,560 --> 01:29:21,360
No user shall contribute or cause to be

1879
01:29:21,360 --> 01:29:23,920
contributed directly or indirectly into

1880
01:29:23,920 --> 01:29:25,920
a POTW

1881
01:29:25,920 --> 01:29:29,040
any pollutant or waste water which will

1882
01:29:29,040 --> 01:29:31,920
interfere interfere with the operation

1883
01:29:31,920 --> 01:29:34,400
or performance of or pass through the

1884
01:29:34,400 --> 01:29:39,120
POTW. Furthermore, Furthermore, no user

1885
01:29:39,120 --> 01:29:41,120
may contribute the following substance

1886
01:29:41,120 --> 01:29:43,440
to the POTW.

1887
01:29:43,440 --> 01:29:46,400
8-3A-8A

1888
01:29:46,400 --> 01:29:49,920
1. Any liquids, solids, or gases which

1889
01:29:49,920 --> 01:29:52,800
by reason of their nature or quantity

1890
01:29:52,800 --> 01:29:56,880
are or may be sufficient either alone or

1891
01:29:56,880 --> 01:30:00,239
in interaction with other substances to

1892
01:30:00,239 --> 01:30:05,199
be injurous in any way to the POTW or to

1893
01:30:05,199 --> 01:30:07,760
the operation of the POTW.

1894
01:30:07,760 --> 01:30:11,270
8-3A-8A4.

1895
01:30:11,280 --> 01:30:13,280
Any waste water containing toxic

1896
01:30:13,280 --> 01:30:16,159
pollutants in the sufficient quantity,

1897
01:30:16,159 --> 01:30:18,560
either singly or by interaction with

1898
01:30:18,560 --> 01:30:21,040
other pollutants to injure or interfere

1899
01:30:21,040 --> 01:30:23,679
with any wastewater treatment process,

1900
01:30:23,679 --> 01:30:25,840
constitutes a hazard to humans or

1901
01:30:25,840 --> 01:30:28,719
animals, create a toxic effect in the

1902
01:30:28,719 --> 01:30:31,840
receiving waters of the PW, or to exceed

1903
01:30:31,840 --> 01:30:34,480
the limitations set forth in a categoral

1904
01:30:34,480 --> 01:30:36,800
pre-treatment standard. A toxic

1905
01:30:36,800 --> 01:30:39,440
pollutant shall include, but not be

1906
01:30:39,440 --> 01:30:42,000
limited to, any pollutant identified

1907
01:30:42,000 --> 01:30:49,199
pursuant to 307A of the act C 33 USC

1908
01:30:49,199 --> 01:30:51,920
1317A

1909
01:30:51,920 --> 01:30:55,510
8-3A-87,

1910
01:30:55,520 --> 01:30:58,639
any substance which will cause the POW

1911
01:30:58,639 --> 01:31:02,400
to violate its NPDES permit or the state

1912
01:31:02,400 --> 01:31:08,149
water quality standards. 8-3A-8A10

1913
01:31:08,159 --> 01:31:10,400
any pollutants excluding oxygen

1914
01:31:10,400 --> 01:31:14,159
demanding pollutants BOD5 and the like

1915
01:31:14,159 --> 01:31:17,120
release in a discharge rate and or

1916
01:31:17,120 --> 01:31:19,840
pollutant concentrate which will cause

1917
01:31:19,840 --> 01:31:22,880
interference to the POTW

1918
01:31:22,880 --> 01:31:25,280
8-3A-8

1919
01:31:25,280 --> 01:31:26,880
A12

1920
01:31:26,880 --> 01:31:29,600
Any waste water which causes a hazard to

1921
01:31:29,600 --> 01:31:32,880
human life or creates a public nuisance

1922
01:31:32,880 --> 01:31:37,199
8-3A A-2 contains definitions of

1923
01:31:37,199 --> 01:31:39,280
relevant terms.

1924
01:31:39,280 --> 01:31:41,520
Interference, a discharge which alone or

1925
01:31:41,520 --> 01:31:43,360
in conjunction with a discharge or

1926
01:31:43,360 --> 01:31:45,920
discharges from other sources. one

1927
01:31:45,920 --> 01:31:49,040
inhibits or disrupts the POTW treatment

1928
01:31:49,040 --> 01:31:51,600
processes or operations in its sludge

1929
01:31:51,600 --> 01:31:54,719
process use or disposal and two

1930
01:31:54,719 --> 01:31:56,960
therefore contributes to a violation of

1931
01:31:56,960 --> 01:31:59,920
any requirement of the city's NPDES

1932
01:31:59,920 --> 01:32:02,320
permit including an increase in the

1933
01:32:02,320 --> 01:32:05,280
magnitude or duration of a violation or

1934
01:32:05,280 --> 01:32:08,080
of the prevention of sewer sludge use or

1935
01:32:08,080 --> 01:32:11,120
disposal by the POTW in accordance with

1936
01:32:11,120 --> 01:32:13,120
any of the following statutory

1937
01:32:13,120 --> 01:32:15,920
regulatory provisions or permits issued

1938
01:32:15,920 --> 01:32:19,199
there or more stringent state or local

1939
01:32:19,199 --> 01:32:22,800
regulations. 405 of the Clean Water Act

1940
01:32:22,800 --> 01:32:26,149
33USC1345

1941
01:32:26,159 --> 01:32:28,719
or CR any criteria, guidelines or

1942
01:32:28,719 --> 01:32:30,719
regulations developed pursuant to the

1943
01:32:30,719 --> 01:32:34,000
Solid Waste Disposal Act, SWDA,

1944
01:32:34,000 --> 01:32:36,320
including title 2 commonly referred to

1945
01:32:36,320 --> 01:32:38,400
as the Resource Conservation and

1946
01:32:38,400 --> 01:32:46,229
Recovery Act, RC A C 42 USC6901

1947
01:32:46,239 --> 01:32:48,800
at

1948
01:32:48,800 --> 01:32:49,440
SQL

1949
01:32:49,440 --> 01:32:50,950
>> at SEC it means

1950
01:32:50,950 --> 01:32:50,960
» at SEC it means

1951
01:32:50,960 --> 01:32:53,040
the section that entire it's a reference

1952
01:32:53,040 --> 01:32:54,000
to the entire section.

1953
01:32:54,000 --> 01:32:57,030
>> Gotcha. Or more stringent state criteria

1954
01:32:57,030 --> 01:32:57,040
» Gotcha. Or more stringent state criteria

1955
01:32:57,040 --> 01:32:59,440
contained in any sludge management plan

1956
01:32:59,440 --> 01:33:02,719
prepared pursuant to subtitle D of the

1957
01:33:02,719 --> 01:33:06,480
SWDA C42USC

1958
01:33:06,480 --> 01:33:13,840
6941 XEC. The Clean Air Act C42 USC7401

1959
01:33:13,840 --> 01:33:18,719
XEC. The Toxic Substance Control Act C15

1960
01:33:18,719 --> 01:33:22,560
USC 2601X

1961
01:33:22,560 --> 01:33:24,960
the and the Marine Protection Research

1962
01:33:24,960 --> 01:33:28,560
and Sanctuaries Act C14USC

1963
01:33:28,560 --> 01:33:34,239
1431 XSE and 33USC401

1964
01:33:34,239 --> 01:33:38,000
XEC pass through a discharge which exits

1965
01:33:38,000 --> 01:33:41,120
the POWW into the waters of the US in

1966
01:33:41,120 --> 01:33:43,280
quantities or concentrations which alone

1967
01:33:43,280 --> 01:33:45,440
or in conjunction with a discharge or

1968
01:33:45,440 --> 01:33:48,800
discharges from other sources. It is a

1969
01:33:48,800 --> 01:33:51,440
cause of a violation of any requirement

1970
01:33:51,440 --> 01:33:55,679
of the POTW's NPDES permit, including an

1971
01:33:55,679 --> 01:33:57,760
increase in the magnitude or duration of

1972
01:33:57,760 --> 01:34:01,440
the violation. slug. Any discharge or

1973
01:34:01,440 --> 01:34:04,880
non-rine episodic nature, including but

1974
01:34:04,880 --> 01:34:08,080
not limited to an accidental spill or a

1975
01:34:08,080 --> 01:34:11,440
non-customary batch discharge, toxic

1976
01:34:11,440 --> 01:34:14,320
pollutant. any pollutant or combination

1977
01:34:14,320 --> 01:34:17,199
of pollutants listed as a toxic in

1978
01:34:17,199 --> 01:34:19,600
regulation promagated by the

1979
01:34:19,600 --> 01:34:21,360
administrator of the Environmental

1980
01:34:21,360 --> 01:34:23,760
Protection Agency under the provisions

1981
01:34:23,760 --> 01:34:26,800
of CWA 307A

1982
01:34:26,800 --> 01:34:30,000
C 33USC

1983
01:34:30,000 --> 01:34:31,600
1317A

1984
01:34:31,600 --> 01:34:35,280
and or other acts upset an exceptional

1985
01:34:35,280 --> 01:34:36,719
incident in which there is an

1986
01:34:36,719 --> 01:34:38,400
unintentional and temporary

1987
01:34:38,400 --> 01:34:40,080
non-compliance with categoral

1988
01:34:40,080 --> 01:34:41,840
pre-treatment standards because of

1989
01:34:41,840 --> 01:34:43,520
factor factors beyond the reasonable

1990
01:34:43,520 --> 01:34:46,000
control of the industrial user. An

1991
01:34:46,000 --> 01:34:48,880
EPSSET does not include non-compliance

1992
01:34:48,880 --> 01:34:52,000
to the extent caused by opture

1993
01:34:52,000 --> 01:34:54,719
operational error, improperly designed

1994
01:34:54,719 --> 01:34:56,639
treatment facilities, inadequate

1995
01:34:56,639 --> 01:34:58,320
treatment facilities, lack of

1996
01:34:58,320 --> 01:35:00,719
preventative maintenance or careless or

1997
01:35:00,719 --> 01:35:03,840
improper operations.

1998
01:35:03,840 --> 01:35:06,000
Evidentiary standards. The city bears

1999
01:35:06,000 --> 01:35:08,480
the burden of proof to establish which

2000
01:35:08,480 --> 01:35:11,199
alleged violation by the preponderance

2001
01:35:11,199 --> 01:35:13,600
of the evidence. Under Oklahoma law,

2002
01:35:13,600 --> 01:35:15,600
this is also called the greater weight

2003
01:35:15,600 --> 01:35:18,000
of the evidence. Meaning that the burden

2004
01:35:18,000 --> 01:35:20,080
is to show something is more probably

2005
01:35:20,080 --> 01:35:23,280
true than not. C. Bedillo versus

2006
01:35:23,280 --> 01:35:25,760
Midcentury Insurance

2007
01:35:25,760 --> 01:35:30,000
Company 2005 Oklahoma 48121

2008
01:35:30,000 --> 01:35:31,920
P3D

2009
01:35:31,920 --> 01:35:37,840
1080 1096 as corrected June 22nd 2005

2010
01:35:37,840 --> 01:35:41,440
insured was insured was prov required to

2011
01:35:41,440 --> 01:35:43,440
prove the essential elements of his

2012
01:35:43,440 --> 01:35:45,920
claim for breach of the duty of the good

2013
01:35:45,920 --> 01:35:48,239
faith and fair dealing by a greater

2014
01:35:48,239 --> 01:35:51,840
weight of evidence standard i.e E by a

2015
01:35:51,840 --> 01:35:53,679
prepoundonderance of the evidence. As

2016
01:35:53,679 --> 01:35:56,400
the well-known axiom states, the

2017
01:35:56,400 --> 01:35:58,560
preponderance of evidence does not mean

2018
01:35:58,560 --> 01:36:00,159
the greater number of witnesses

2019
01:36:00,159 --> 01:36:02,719
testifying to the fact, but it that

2020
01:36:02,719 --> 01:36:06,159
which to the mind of the trier or of the

2021
01:36:06,159 --> 01:36:08,480
fact or the seeker of the truth seems

2022
01:36:08,480 --> 01:36:11,600
most conveniencing and more probably

2023
01:36:11,600 --> 01:36:14,320
true. The board may consider both direct

2024
01:36:14,320 --> 01:36:19,520
and circumstantial evidence. CE G O U JI

2025
01:36:19,520 --> 01:36:22,320
3.2 25. The law makes no distinction

2026
01:36:22,320 --> 01:36:24,719
between the weight to be given to either

2027
01:36:24,719 --> 01:36:27,120
direct or circumstantial evidence. You

2028
01:36:27,120 --> 01:36:28,960
should consider circumstantial evidence

2029
01:36:28,960 --> 01:36:31,120
together with all the other evidence in

2030
01:36:31,120 --> 01:36:34,000
the case in arriving at your verdict.

2031
01:36:34,000 --> 01:36:37,120
Midcon argues that the issue is all

2032
01:36:37,120 --> 01:36:39,600
about science and that is necessarily

2033
01:36:39,600 --> 01:36:42,000
for scientific evidence and the

2034
01:36:42,000 --> 01:36:44,239
scientist to prove provide answers to

2035
01:36:44,239 --> 01:36:46,960
whether it was responsible for the plant

2036
01:36:46,960 --> 01:36:49,520
upset or violated its permit. The issue

2037
01:36:49,520 --> 01:36:51,280
before the board is not whether the

2038
01:36:51,280 --> 01:36:53,679
causation can be demonstrated with

2039
01:36:53,679 --> 01:36:56,400
scientific certainty. Scientific

2040
01:36:56,400 --> 01:36:59,119
certainty seeks to eliminate doubt. A

2041
01:36:59,119 --> 01:37:01,760
preponderance of the evidence simply ask

2042
01:37:01,760 --> 01:37:04,880
which explanation is more probable one.

2043
01:37:04,880 --> 01:37:07,040
Courts have long rejected scientific

2044
01:37:07,040 --> 01:37:09,199
certainty as a standard in environmental

2045
01:37:09,199 --> 01:37:12,480
matters. C. Ethel Corp versus

2046
01:37:12,480 --> 01:37:16,000
Environmental Protection Agency 541F.2D

2047
01:37:16,000 --> 01:37:19,920
2D 1 128N

2048
01:37:19,920 --> 01:37:24,320
58 DC circuit 1976

2049
01:37:24,320 --> 01:37:26,800
petitioners demanding demand sole

2050
01:37:26,800 --> 01:37:29,040
resilience on scientific facts on

2051
01:37:29,040 --> 01:37:31,040
evidence that reputable scientific

2052
01:37:31,040 --> 01:37:33,920
techniques certify as certain typically

2053
01:37:33,920 --> 01:37:36,960
a scientist will not so certify evidence

2054
01:37:36,960 --> 01:37:39,600
unless the probability of error by

2055
01:37:39,600 --> 01:37:42,320
standard statistical measurement is less

2056
01:37:42,320 --> 01:37:46,239
than 5% that is scientific fact is at

2057
01:37:46,239 --> 01:37:49,920
least 95% certain. Also see Friends of

2058
01:37:49,920 --> 01:37:52,400
the Earth, Inc. versus Gaston Cooper

2059
01:37:52,400 --> 01:37:56,159
Recycling Corp. 204 F.3D

2060
01:37:56,159 --> 01:38:01,360
1491 163 Fourth Circuit 2000.

2061
01:38:01,360 --> 01:38:04,239
Litig litigants routinely rely on

2062
01:38:04,239 --> 01:38:06,400
circumstantial evidence to prove any

2063
01:38:06,400 --> 01:38:09,040
number of contested issues. And if a

2064
01:38:09,040 --> 01:38:11,280
prosecutor may rely wholly on

2065
01:38:11,280 --> 01:38:13,360
circumstantial evidence to prove that a

2066
01:38:13,360 --> 01:38:15,760
criminal defendant is guilty beyond a

2067
01:38:15,760 --> 01:38:18,239
reasonable doubt, there is no apparent

2068
01:38:18,239 --> 01:38:20,719
reason and certainly not a reason

2069
01:38:20,719 --> 01:38:22,800
apparent from the constitution, the

2070
01:38:22,800 --> 01:38:25,440
federal rules or the clean water act

2071
01:38:25,440 --> 01:38:28,639
itself to regard this type of proof as

2072
01:38:28,639 --> 01:38:31,600
per se deficient

2073
01:38:31,600 --> 01:38:34,159
for establishing standing in a clean

2074
01:38:34,159 --> 01:38:36,400
water act case. Environmental

2075
01:38:36,400 --> 01:38:38,800
enforcement states statutes do not

2076
01:38:38,800 --> 01:38:41,520
require scientific certainty certainty

2077
01:38:41,520 --> 01:38:44,239
before regulatory action may be taken.

2078
01:38:44,239 --> 01:38:46,320
Courts have consistently recognize that

2079
01:38:46,320 --> 01:38:48,719
environmental decisionmaking necessarily

2080
01:38:48,719 --> 01:38:51,440
involves evaluation of incomplete

2081
01:38:51,440 --> 01:38:54,239
conflicting and circumstantial evidence

2082
01:38:54,239 --> 01:38:57,199
and that the applicable legal question

2083
01:38:57,199 --> 01:38:59,040
is whether the evidence makes the

2084
01:38:59,040 --> 01:39:01,520
asserted conclusion more probable than

2085
01:39:01,520 --> 01:39:03,920
not. not whether every competing

2086
01:39:03,920 --> 01:39:06,000
hypothesis has been scientifically

2087
01:39:06,000 --> 01:39:10,000
eliminated. Ethel Corp versus EPA

2088
01:39:10,000 --> 01:39:14,390
541 F.2D128

2089
01:39:14,400 --> 01:39:17,199
DC circuit 1976.

2090
01:39:17,199 --> 01:39:18,960
The administrator may apply his

2091
01:39:18,960 --> 01:39:20,880
expertise to draw conclusions from

2092
01:39:20,880 --> 01:39:24,400
suspected but do not completely substain

2093
01:39:24,400 --> 01:39:27,119
relationships between facts from trends

2094
01:39:27,119 --> 01:39:30,400
among facts from theoretical projections

2095
01:39:30,400 --> 01:39:33,280
from imperfect data from prohibitive

2096
01:39:33,280 --> 01:39:36,719
preliminary data do not certifiably as

2097
01:39:36,719 --> 01:39:41,360
fact and the like. Lead indust lead

2098
01:39:41,360 --> 01:39:45,030
industries

2099
01:39:45,040 --> 01:39:45,840
» association

2100
01:39:45,840 --> 01:39:54,629
>> association EPA 467 F.2D 2D 1130 1148-49

2101
01:39:54,639 --> 01:39:58,800
DC circuit 1980 Sierra Club versus US

2102
01:39:58,800 --> 01:40:02,159
EPA 774F.3D

2103
01:40:02,159 --> 01:40:06,480
383 395-96

2104
01:40:06,480 --> 01:40:09,199
7th circuit

2105
01:40:09,199 --> 01:40:13,360
n 2014 midcontinent further argues that

2106
01:40:13,360 --> 01:40:15,760
the city was required to scientifically

2107
01:40:15,760 --> 01:40:18,239
fingerprint its wastewater by proving

2108
01:40:18,239 --> 01:40:22,159
the that every in individual QAC species

2109
01:40:22,159 --> 01:40:23,520
identified at mid-continent's

2110
01:40:23,520 --> 01:40:25,600
representative sampling location was

2111
01:40:25,600 --> 01:40:29,119
likewise identified at the WRF influent

2112
01:40:29,119 --> 01:40:31,280
before source attributation can be

2113
01:40:31,280 --> 01:40:33,280
established. The board rejects that

2114
01:40:33,280 --> 01:40:35,280
argument. Courts addressing

2115
01:40:35,280 --> 01:40:37,360
environmental contamination have

2116
01:40:37,360 --> 01:40:39,440
repeatedly recognized that pollutants

2117
01:40:39,440 --> 01:40:41,280
are diluted, mixed, transported,

2118
01:40:41,280 --> 01:40:43,040
absorbed, degraded, and otherwise

2119
01:40:43,040 --> 01:40:45,119
altered during migration through

2120
01:40:45,119 --> 01:40:48,239
environmental systems making exact chem

2121
01:40:48,239 --> 01:40:51,199
chemical fingerprinting scientific

2122
01:40:51,199 --> 01:40:54,080
scientical difficulty difficult or

2123
01:40:54,080 --> 01:40:56,960
impossible. Accordingly,

2124
01:40:56,960 --> 01:40:58,800
courts have held that environmental

2125
01:40:58,800 --> 01:41:00,880
liability may be established through the

2126
01:41:00,880 --> 01:41:03,600
total of the evidence, including simil

2127
01:41:03,600 --> 01:41:05,760
similar contaminants, migration

2128
01:41:05,760 --> 01:41:08,400
pathways, operational evidence, expert

2129
01:41:08,400 --> 01:41:10,719
testimony, and circumstantial evidence,

2130
01:41:10,719 --> 01:41:13,199
and does not require proof that every

2131
01:41:13,199 --> 01:41:15,280
containment may be chemically traced to

2132
01:41:15,280 --> 01:41:19,360
a specific source. See Arsco LLC versus

2133
01:41:19,360 --> 01:41:23,360
CX Inc. 21F

2134
01:41:23,360 --> 01:41:26,800
point sub

2135
01:41:26,800 --> 01:41:28,800
3D784

2136
01:41:28,800 --> 01:41:30,880
803-04

2137
01:41:30,880 --> 01:41:33,119
WD text

2138
01:41:33,119 --> 01:41:35,360
2014 holding that imposing a

2139
01:41:35,360 --> 01:41:37,440
fingerprinting requirement might permit

2140
01:41:37,440 --> 01:41:39,440
the owners and operators of facilities

2141
01:41:39,440 --> 01:41:42,000
to avoid financial responsibility

2142
01:41:42,000 --> 01:41:44,560
and that a plan plaintiff need not

2143
01:41:44,560 --> 01:41:47,280
fingerprint contamination to establish

2144
01:41:47,280 --> 01:41:49,280
liability. United States versus

2145
01:41:49,280 --> 01:41:54,870
Fairchild Industries, Inc. 766F.UP

2146
01:41:54,880 --> 01:41:57,199
405413

2147
01:41:57,199 --> 01:41:58,960
DMD

2148
01:41:58,960 --> 01:42:01,520
1991, holding that the government need

2149
01:42:01,520 --> 01:42:03,760
not trace each defendant's hazardous

2150
01:42:03,760 --> 01:42:06,320
waste to a specific release, but need

2151
01:42:06,320 --> 01:42:08,880
only prove that the hazardous substance

2152
01:42:08,880 --> 01:42:10,960
like those contained in the defendant's

2153
01:42:10,960 --> 01:42:14,080
waste were present at the site. New York

2154
01:42:14,080 --> 01:42:16,159
versus Adamski

2155
01:42:16,159 --> 01:42:18,159
in

2156
01:42:18,159 --> 01:42:23,109
16 FSUP 3D123

2157
01:42:23,119 --> 01:42:24,960
148-49

2158
01:42:24,960 --> 01:42:26,639
EDNY

2159
01:42:26,639 --> 01:42:31,600
2014 holding that a CER claiff

2160
01:42:31,600 --> 01:42:34,159
is not required to fingerprint

2161
01:42:34,159 --> 01:42:35,760
downgradant

2162
01:42:35,760 --> 01:42:37,760
contamination and that environmental

2163
01:42:37,760 --> 01:42:40,000
causation need not be established with

2164
01:42:40,000 --> 01:42:44,080
scientific certainty. citations omitted.

2165
01:42:44,080 --> 01:42:46,480
The board further concludes that neither

2166
01:42:46,480 --> 01:42:49,280
the procedural order, the sewer use

2167
01:42:49,280 --> 01:42:51,840
ordinance, Oklahoma pre-treatment law,

2168
01:42:51,840 --> 01:42:53,360
nor accepted principles of the

2169
01:42:53,360 --> 01:42:55,520
administrative law require the city to

2170
01:42:55,520 --> 01:42:57,679
eliminate every possible alternative

2171
01:42:57,679 --> 01:43:00,880
source of QAC's or disprove every

2172
01:43:00,880 --> 01:43:03,119
competing

2173
01:43:03,119 --> 01:43:05,119
hypothesis before enforcement could

2174
01:43:05,119 --> 01:43:07,440
occur. The board is not changed with

2175
01:43:07,440 --> 01:43:10,880
resolving resolving charged with

2176
01:43:10,880 --> 01:43:12,960
resolving every scientific disagreement

2177
01:43:12,960 --> 01:43:16,080
or identifying the precise molecular

2178
01:43:16,080 --> 01:43:18,480
fate of every QAC compound after

2179
01:43:18,480 --> 01:43:20,719
discharge into the collection system.

2180
01:43:20,719 --> 01:43:22,880
Rather, the board must determine whether

2181
01:43:22,880 --> 01:43:24,560
the greater weight of the evidence

2182
01:43:24,560 --> 01:43:27,440
establishes that mid-continent caused or

2183
01:43:27,440 --> 01:43:30,480
contributed to the alleged violations.

2184
01:43:30,480 --> 01:43:32,480
The board therefore evaluates the

2185
01:43:32,480 --> 01:43:34,320
evidence under the preponderance of the

2186
01:43:34,320 --> 01:43:36,639
evidence standard required by the

2187
01:43:36,639 --> 01:43:38,239
procedural order rather than the

2188
01:43:38,239 --> 01:43:40,480
heightened standard of scientific

2189
01:43:40,480 --> 01:43:43,600
certainty advocated by Midcontinent for

2190
01:43:43,600 --> 01:43:45,920
the reasons set forth in the findings of

2191
01:43:45,920 --> 01:43:49,280
the fact and infra. The board concludes

2192
01:43:49,280 --> 01:43:52,239
that the satisfy the city satisfies its

2193
01:43:52,239 --> 01:43:53,920
burden

2194
01:43:53,920 --> 01:43:56,239
interpretation of law of governing law.

2195
01:43:56,239 --> 01:43:59,360
The ordinance creates effectbased

2196
01:43:59,360 --> 01:44:02,480
prohibitions. The city operates its POTW

2197
01:44:02,480 --> 01:44:05,280
pursuant to any LPDDES,

2198
01:44:05,280 --> 01:44:08,800
NPDES permit, and remains responsible

2199
01:44:08,800 --> 01:44:11,440
for complying with that permit affluent

2200
01:44:11,440 --> 01:44:14,000
limitations, monitoring requirements,

2201
01:44:14,000 --> 01:44:15,679
reporting obligations, and other

2202
01:44:15,679 --> 01:44:18,560
regulatory requirements. The Clean Water

2203
01:44:18,560 --> 01:44:21,679
Act, Oklahoma Environment Environmental

2204
01:44:21,679 --> 01:44:24,480
Quality Code, Oklahoma pre-treatment

2205
01:44:24,480 --> 01:44:28,320
regulations, ENA SU sewer use ordinance,

2206
01:44:28,320 --> 01:44:31,360
and permit number 021 operate together

2207
01:44:31,360 --> 01:44:33,360
to prevent industrial users from

2208
01:44:33,360 --> 01:44:35,840
introducing pollutants that interfere

2209
01:44:35,840 --> 01:44:37,920
with treatment, pass through

2210
01:44:37,920 --> 01:44:41,199
inadequately treated, damaged sludge or

2211
01:44:41,199 --> 01:44:44,560
resident resid residules,

2212
01:44:44,560 --> 01:44:46,960
creating nuisance or safety conditions

2213
01:44:46,960 --> 01:44:50,719
or impair the city's OPDES NPDEES

2214
01:44:50,719 --> 01:44:54,719
compliance because the city is the OPDES

2215
01:44:54,719 --> 01:44:58,719
NPDES permit holder. ODEQ looks to the

2216
01:44:58,719 --> 01:45:01,040
city for permanent compliance even when

2217
01:45:01,040 --> 01:45:03,199
the pollutant causing or contributing to

2218
01:45:03,199 --> 01:45:05,440
non-compliance originates from an

2219
01:45:05,440 --> 01:45:08,480
industrial user. The sewer use ordinance

2220
01:45:08,480 --> 01:45:10,800
must therefore be interpreted as a

2221
01:45:10,800 --> 01:45:13,119
protective and preventative tree

2222
01:45:13,119 --> 01:45:15,760
treatment ordinance. Its prohibitions

2223
01:45:15,760 --> 01:45:17,840
apply when a discharge causes or

2224
01:45:17,840 --> 01:45:20,719
contributes to prohibited effects on the

2225
01:45:20,719 --> 01:45:23,199
POTW, receiving water, sludge,

2226
01:45:23,199 --> 01:45:26,239
residules, public safety, or the city's

2227
01:45:26,239 --> 01:45:28,560
permit compliance.

2228
01:45:28,560 --> 01:45:33,119
QAC's not need not be expressly listed.

2229
01:45:33,119 --> 01:45:35,520
The board's the board concludes that the

2230
01:45:35,520 --> 01:45:38,000
absence of numerical local limit or

2231
01:45:38,000 --> 01:45:41,119
specific reference to QAC's in permit

2232
01:45:41,119 --> 01:45:46,080
number 021 or the sewer use ordinance

2233
01:45:46,080 --> 01:45:48,400
does not authorize discharge of QAC's

2234
01:45:48,400 --> 01:45:50,080
containing waste water where the

2235
01:45:50,080 --> 01:45:52,880
discharge causes or contributes or may

2236
01:45:52,880 --> 01:45:55,840
cause to or contribute to interfere

2237
01:45:55,840 --> 01:45:58,480
toxic effects pass through nuisance

2238
01:45:58,480 --> 01:46:01,119
conditions sludge impacts or impairment

2239
01:46:01,119 --> 01:46:04,560
of the city's OPD dees NPDEES

2240
01:46:04,560 --> 01:46:10,229
obligations. Enid code 8-3A-8A4

2241
01:46:10,239 --> 01:46:12,880
is not limited to pollutants identified

2242
01:46:12,880 --> 01:46:16,639
under Clean Water Act 307A.

2243
01:46:16,639 --> 01:46:18,560
The ordinance provides that toxic

2244
01:46:18,560 --> 01:46:20,960
pollutants include but are not limited

2245
01:46:20,960 --> 01:46:23,520
those federally identified pollutants.

2246
01:46:23,520 --> 01:46:26,320
Accordingly, QAC containing waste water

2247
01:46:26,320 --> 01:46:30,719
may constitute a prohibited discharge if

2248
01:46:30,719 --> 01:46:34,239
it is present in a sufficient quantity

2249
01:46:34,239 --> 01:46:37,520
either singly or by interaction with

2250
01:46:37,520 --> 01:46:40,320
other pollutants to injure or interfere

2251
01:46:40,320 --> 01:46:42,639
with wastewater treatment, create toxic

2252
01:46:42,639 --> 01:46:44,800
effects, or otherwise cause one of the

2253
01:46:44,800 --> 01:46:47,600
prohibited effected effects identified

2254
01:46:47,600 --> 01:46:50,400
in the ordinance. proof of causation,

2255
01:46:50,400 --> 01:46:53,600
interference, or source attribution. The

2256
01:46:53,600 --> 01:46:56,080
law does not require the city to prove

2257
01:46:56,080 --> 01:46:59,040
each individual analytic

2258
01:46:59,040 --> 01:47:01,440
analytical result in isolation. Rather,

2259
01:47:01,440 --> 01:47:02,960
the board must determine whether the

2260
01:47:02,960 --> 01:47:04,960
cumulative force of the evidence makes

2261
01:47:04,960 --> 01:47:07,199
mid-continent's responsibility more

2262
01:47:07,199 --> 01:47:10,080
probable true than not. Source

2263
01:47:10,080 --> 01:47:12,480
attribution, interference, toxic

2264
01:47:12,480 --> 01:47:14,239
effects, and pass through may be

2265
01:47:14,239 --> 01:47:16,639
established by the total of the evidence

2266
01:47:16,639 --> 01:47:19,040
including operational data, sampling

2267
01:47:19,040 --> 01:47:21,679
results, biological testing, field

2268
01:47:21,679 --> 01:47:24,639
observation, sewer con configuration,

2269
01:47:24,639 --> 01:47:27,119
timing, expert testimony, and other

2270
01:47:27,119 --> 01:47:29,840
direct or circumstantial evidence.

2271
01:47:29,840 --> 01:47:31,760
Circumstantial environmental proof

2272
01:47:31,760 --> 01:47:34,239
consists of multiple converging facts

2273
01:47:34,239 --> 01:47:36,480
that individually may not establish

2274
01:47:36,480 --> 01:47:39,520
causes causation but collectively do.

2275
01:47:39,520 --> 01:47:41,920
Here are those facts. The city's die

2276
01:47:41,920 --> 01:47:46,320
test confirming that manhole 1P020

2277
01:47:46,320 --> 01:47:48,800
represented mid-continent's discharge

2278
01:47:48,800 --> 01:47:50,480
before

2279
01:47:50,480 --> 01:47:53,280
comingling the location of the sewer

2280
01:47:53,280 --> 01:47:55,520
system and elimination of other s

2281
01:47:55,520 --> 01:47:58,000
significant industrial sources upstream

2282
01:47:58,000 --> 01:48:00,639
of the sampling point. The sudden

2283
01:48:00,639 --> 01:48:02,320
appearance of excessive foam and

2284
01:48:02,320 --> 01:48:04,159
cleaner-like odor at mid-continent's

2285
01:48:04,159 --> 01:48:07,520
manhole. the 54th Street lift station

2286
01:48:07,520 --> 01:48:11,199
and the WRF headworks. repeated an

2287
01:48:11,199 --> 01:48:13,840
analytical detection of numerous QAC

2288
01:48:13,840 --> 01:48:15,920
compounds in mid-continence discharge

2289
01:48:15,920 --> 01:48:23,830
over multiple sampling evidence events

2290
01:48:23,840 --> 01:48:25,600
contemporarious

2291
01:48:25,600 --> 01:48:29,040
detection of QAC's entering the WRF

2292
01:48:29,040 --> 01:48:32,480
affluent bacterial speciation plant

2293
01:48:32,480 --> 01:48:35,119
operational data and ammon ammonia

2294
01:48:35,119 --> 01:48:37,360
trends demonstrating a sudden loss of

2295
01:48:37,360 --> 01:48:41,119
nitrification QC mass load calculations

2296
01:48:41,119 --> 01:48:43,440
showing quantities inconsistence with an

2297
01:48:43,440 --> 01:48:45,520
ordinary residential or commercial

2298
01:48:45,520 --> 01:48:49,600
sources. SDS's product information and

2299
01:48:49,600 --> 01:48:51,760
chemical inventories identify the same

2300
01:48:51,760 --> 01:48:54,719
families of QAC used in mid-continents

2301
01:48:54,719 --> 01:48:56,800
manufacturing operations and warning

2302
01:48:56,800 --> 01:49:00,000
against discharge to sanitary sewers or

2303
01:49:00,000 --> 01:49:03,280
aquatic environment environmental

2304
01:49:03,280 --> 01:49:05,360
mid-continents emissions regarding

2305
01:49:05,360 --> 01:49:07,040
cleaning activities immediately

2306
01:49:07,040 --> 01:49:10,320
preceding the upset and a sub subsequent

2307
01:49:10,320 --> 01:49:12,320
sub subsequential

2308
01:49:12,320 --> 01:49:15,119
decision to containerize QAC's

2309
01:49:15,119 --> 01:49:17,760
containing waste water After May 22nd,

2310
01:49:17,760 --> 01:49:21,679
2005 2025, the city's physical

2311
01:49:21,679 --> 01:49:24,000
investigation, including inspection of

2312
01:49:24,000 --> 01:49:26,320
manholes, wastewater pathways,

2313
01:49:26,320 --> 01:49:28,239
production areas, floor drains,

2314
01:49:28,239 --> 01:49:30,320
contamination areas, hoses, and

2315
01:49:30,320 --> 01:49:32,880
discharge routes, mid-continents,

2316
01:49:32,880 --> 01:49:35,119
incomplete involving, and sometimes

2317
01:49:35,119 --> 01:49:37,199
inconsistent explanations regarding its

2318
01:49:37,199 --> 01:49:39,920
wastewater handling, chemical usage, and

2319
01:49:39,920 --> 01:49:42,560
pre-treatment practices, the elimination

2320
01:49:42,560 --> 01:49:45,600
or evaluation of other potential indiv

2321
01:49:45,600 --> 01:49:48,719
industrial sources and the testimony of

2322
01:49:48,719 --> 01:49:50,560
city witnesses explaining why the

2323
01:49:50,560 --> 01:49:52,960
observed operational biological and

2324
01:49:52,960 --> 01:49:55,440
analytical evidence was consistent with

2325
01:49:55,440 --> 01:49:58,000
a significant QAC discharge from

2326
01:49:58,000 --> 01:50:00,560
Midcontinent. The board evaluates these

2327
01:50:00,560 --> 01:50:03,199
facts collectively rather than requiring

2328
01:50:03,199 --> 01:50:05,440
any single piece of evidence to

2329
01:50:05,440 --> 01:50:09,199
independently prove every element.

2330
01:50:09,199 --> 01:50:10,960
Conclusions

2331
01:50:10,960 --> 01:50:12,639
interference

2332
01:50:12,639 --> 01:50:15,600
Enid code 8-3A-8A

2333
01:50:15,600 --> 01:50:17,520
prohibits any discharge that will

2334
01:50:17,520 --> 01:50:19,280
interfere with the operation or

2335
01:50:19,280 --> 01:50:22,320
performance of the POTW. Based upon the

2336
01:50:22,320 --> 01:50:24,159
finding of facts, the board concludes

2337
01:50:24,159 --> 01:50:26,639
that the mid-continent's discharge of

2338
01:50:26,639 --> 01:50:29,679
QAC's containing wastewater inhibited

2339
01:50:29,679 --> 01:50:32,639
and disrupted the city's activated

2340
01:50:32,639 --> 01:50:34,960
sludge treatment process, caused the

2341
01:50:34,960 --> 01:50:37,920
loss of nitrification, impaired ammonia

2342
01:50:37,920 --> 01:50:41,199
removal, disrupted biomass and treatment

2343
01:50:41,199 --> 01:50:43,679
performance, and therefore constituted

2344
01:50:43,679 --> 01:50:46,639
interference within the meaning of Enid

2345
01:50:46,639 --> 01:50:49,679
code 8-3A-8A

2346
01:50:49,679 --> 01:50:51,440
and Oklahoma pre-treat. treatment

2347
01:50:51,440 --> 01:50:55,750
regulations

2348
01:50:55,760 --> 01:50:57,840
toxic pollutants.

2349
01:50:57,840 --> 01:51:02,870
Enid code 8-3A-8A4

2350
01:51:02,880 --> 01:51:05,199
prohibits wastewater containing toxic

2351
01:51:05,199 --> 01:51:07,199
pollutants in sufficient quantity to

2352
01:51:07,199 --> 01:51:10,800
interfere or injure or interfere with

2353
01:51:10,800 --> 01:51:13,840
wastewater treatment processes or create

2354
01:51:13,840 --> 01:51:16,880
toxic effect within the POW or receiving

2355
01:51:16,880 --> 01:51:19,280
waters. Based upon findings of fact, the

2356
01:51:19,280 --> 01:51:20,880
board concludes that mid-continent

2357
01:51:20,880 --> 01:51:23,920
discharge QAC containing waste water in

2358
01:51:23,920 --> 01:51:26,800
the sufficient quantity to create toxic

2359
01:51:26,800 --> 01:51:28,800
effects within the city's biological

2360
01:51:28,800 --> 01:51:31,679
treatment process, including inh

2361
01:51:31,679 --> 01:51:34,880
inhibition and destruction of nitrifying

2362
01:51:34,880 --> 01:51:36,960
bacteria necessary for wastewater

2363
01:51:36,960 --> 01:51:39,520
treatment, sludge, and biological

2364
01:51:39,520 --> 01:51:44,550
treatment. Enid code 8-3A-8A6

2365
01:51:44,560 --> 01:51:47,040
prohibits substances that render sludge

2366
01:51:47,040 --> 01:51:50,400
or other POW residuals unsuitable or

2367
01:51:50,400 --> 01:51:52,719
otherwise impaired treatment. Based on

2368
01:51:52,719 --> 01:51:54,880
findings of fact, the board concludes

2369
01:51:54,880 --> 01:51:57,679
that mid-continence discharge disrupted

2370
01:51:57,679 --> 01:52:00,960
biomass, flock formation, solid

2371
01:52:00,960 --> 01:52:03,360
settling, sludge quality, and related

2372
01:52:03,360 --> 01:52:06,159
biological treatment functions thereby

2373
01:52:06,159 --> 01:52:11,030
there by violating 8-3A-8

2374
01:52:11,040 --> 01:52:12,560
A6

2375
01:52:12,560 --> 01:52:16,480
NPDES and W water quality enid code

2376
01:52:16,480 --> 01:52:19,830
8-3A-87

2377
01:52:19,840 --> 01:52:21,920
prohibits discharges that will cause the

2378
01:52:21,920 --> 01:52:25,679
POTW to violate its MPDES permit or

2379
01:52:25,679 --> 01:52:28,480
state water quality standards. Based

2380
01:52:28,480 --> 01:52:30,480
upon the findings of fact, the board

2381
01:52:30,480 --> 01:52:32,719
concludes that mid-continent's discharge

2382
01:52:32,719 --> 01:52:34,880
impaired the city's ability to comply

2383
01:52:34,880 --> 01:52:38,480
with its OPDES permit, caused elevated

2384
01:52:38,480 --> 01:52:40,719
affluent ammonium, contributed to

2385
01:52:40,719 --> 01:52:42,960
downstream environmental impacts,

2386
01:52:42,960 --> 01:52:45,520
resulted in ODEQ enforcement, and

2387
01:52:45,520 --> 01:52:50,229
therefore violated 8-3A-87

2388
01:52:50,239 --> 01:52:55,599
pollutant loading. Enid code 8-3A-8A10

2389
01:52:55,599 --> 01:52:58,400
prohibits pollutant concentrates or

2390
01:52:58,400 --> 01:53:01,119
discharge rates that cause interference.

2391
01:53:01,119 --> 01:53:03,360
Based upon finding a fact, the board

2392
01:53:03,360 --> 01:53:05,119
concludes that the nature,

2393
01:53:05,119 --> 01:53:07,679
concentration, and mass loading of QAC

2394
01:53:07,679 --> 01:53:10,000
containing wastewater discharged by

2395
01:53:10,000 --> 01:53:13,760
mid-continent constituted a prohibited

2396
01:53:13,760 --> 01:53:18,870
pollutant loading under 8-3A-810.

2397
01:53:18,880 --> 01:53:24,470
public nuisance. Enid code 8-3A-8A12

2398
01:53:24,480 --> 01:53:27,040
prohibits wastewater that creates a

2399
01:53:27,040 --> 01:53:29,599
public nuisance. Based upon the finding

2400
01:53:29,599 --> 01:53:31,599
effect, the board concludes that

2401
01:53:31,599 --> 01:53:34,080
mid-continence discharge producing

2402
01:53:34,080 --> 01:53:36,719
excessive excessive foaming, strong

2403
01:53:36,719 --> 01:53:38,639
cleaner-like odors within the

2404
01:53:38,639 --> 01:53:41,840
collectction system of the PW,

2405
01:53:41,840 --> 01:53:43,679
disruption of the wastewater treatment

2406
01:53:43,679 --> 01:53:45,760
operations, downstream environmental

2407
01:53:45,760 --> 01:53:48,320
impacts, and regulatory enforcement. All

2408
01:53:48,320 --> 01:53:51,119
of which constituted nuisance conditions

2409
01:53:51,119 --> 01:53:53,280
within the meeting of the ordinance.

2410
01:53:53,280 --> 01:53:56,880
Permit violation. Permit number 021

2411
01:53:56,880 --> 01:53:59,040
required May continent to comply with

2412
01:53:59,040 --> 01:54:01,840
the sewer use ordinance, maintain

2413
01:54:01,840 --> 01:54:03,840
adequate pre-treatment, prevent

2414
01:54:03,840 --> 01:54:05,760
prohibited discharges, report

2415
01:54:05,760 --> 01:54:07,920
operational changes, and provide

2416
01:54:07,920 --> 01:54:09,840
information necessary for the city to

2417
01:54:09,840 --> 01:54:12,320
evaluate compliance. The board finds

2418
01:54:12,320 --> 01:54:14,320
that mid-continent violated permit

2419
01:54:14,320 --> 01:54:17,840
number 021 by discharging QAC laden

2420
01:54:17,840 --> 01:54:20,080
effluent into the public waters

2421
01:54:20,080 --> 01:54:23,280
wastewater system. QAC containing

2422
01:54:23,280 --> 01:54:26,719
effluent is or may be toxic to its and

2423
01:54:26,719 --> 01:54:29,280
is prohibited from individual discharge

2424
01:54:29,280 --> 01:54:31,599
in quantities that cause foaming

2425
01:54:31,599 --> 01:54:34,000
interferes by itself or in combination

2426
01:54:34,000 --> 01:54:36,320
with other affluent to interfere with

2427
01:54:36,320 --> 01:54:40,159
the POW or pass through the POTW. The

2428
01:54:40,159 --> 01:54:42,320
mid-continent discharge violated each of

2429
01:54:42,320 --> 01:54:44,320
the above sighted provision and its

2430
01:54:44,320 --> 01:54:47,280
permit and caused the city to violate

2431
01:54:47,280 --> 01:54:50,400
its permit issued by the DODQ for

2432
01:54:50,400 --> 01:54:53,360
operation of the wastewater facility.

2433
01:54:53,360 --> 01:54:55,760
These failures constituted violation of

2434
01:54:55,760 --> 01:54:58,159
permit number 021

2435
01:54:58,159 --> 01:55:00,719
and independently justified enforcement

2436
01:55:00,719 --> 01:55:03,760
under the sewer use ordinance.

2437
01:55:03,760 --> 01:55:06,639
City investigation and enforcement.

2438
01:55:06,639 --> 01:55:08,719
Based upon finding a fact, the board

2439
01:55:08,719 --> 01:55:10,880
concludes that the city acted reasonably

2440
01:55:10,880 --> 01:55:14,239
in investigating the May 2025 treatment

2441
01:55:14,239 --> 01:55:16,960
upset through field observation,

2442
01:55:16,960 --> 01:55:19,920
repeated sampling, biological testing,

2443
01:55:19,920 --> 01:55:22,560
document request, facility inspections,

2444
01:55:22,560 --> 01:55:25,840
engineering evaluation, expert consult

2445
01:55:25,840 --> 01:55:28,000
consultation, and continued

2446
01:55:28,000 --> 01:55:30,080
communications with Midcontinent. The

2447
01:55:30,080 --> 01:55:31,840
city was not required to establish

2448
01:55:31,840 --> 01:55:33,920
liability through direct observation of

2449
01:55:33,920 --> 01:55:36,639
a discharge or through an exact chemical

2450
01:55:36,639 --> 01:55:38,639
fing fingerprint before taking

2451
01:55:38,639 --> 01:55:40,560
enforcement action. The evidence

2452
01:55:40,560 --> 01:55:42,400
available to the city provided a

2453
01:55:42,400 --> 01:55:44,800
reasonable factual basis to conclude

2454
01:55:44,800 --> 01:55:47,440
that mid-continent caused or contributed

2455
01:55:47,440 --> 01:55:50,800
to the WRF upset. The notice of

2456
01:55:50,800 --> 01:55:53,520
violation was authorized by the sewer

2457
01:55:53,520 --> 01:55:55,440
use ordinance and supported by the

2458
01:55:55,440 --> 01:55:57,199
evidence available to the city at the

2459
01:55:57,199 --> 01:55:59,920
time of its issu is issuance. The

2460
01:55:59,920 --> 01:56:02,159
administrative order likewise

2461
01:56:02,159 --> 01:56:04,320
constituted a reasonable and authorized

2462
01:56:04,320 --> 01:56:06,560
enforcement measure. Based upon the

2463
01:56:06,560 --> 01:56:08,639
findings of fact, the board concludes

2464
01:56:08,639 --> 01:56:12,639
that the continued QAC detections,

2465
01:56:12,639 --> 01:56:15,040
unresolved wastewater pathways,

2466
01:56:15,040 --> 01:56:17,440
incomplete information, and inadequate

2467
01:56:17,440 --> 01:56:19,920
demonstrated pre-treatment justified the

2468
01:56:19,920 --> 01:56:23,520
corrective measures imposed therein.

2469
01:56:23,520 --> 01:56:25,920
Midcontinent did not establish any

2470
01:56:25,920 --> 01:56:27,920
affirmative defense recognized under

2471
01:56:27,920 --> 01:56:30,719
Oklahoma pre-treatment regulations. The

2472
01:56:30,719 --> 01:56:32,800
evidence demonstrates that Midcontinent

2473
01:56:32,800 --> 01:56:34,960
knew or reasonably should have known

2474
01:56:34,960 --> 01:56:37,199
that its handling and discharge of the

2475
01:56:37,199 --> 01:56:39,679
QAC containing wastewater could

2476
01:56:39,679 --> 01:56:41,760
interfere with a biological wastewater

2477
01:56:41,760 --> 01:56:44,320
treatment facility. Cost recovery and

2478
01:56:44,320 --> 01:56:46,159
penalties.

2479
01:56:46,159 --> 01:56:48,400
The sewer use ordinance authorizes

2480
01:56:48,400 --> 01:56:51,360
recovery of costs reasonably incurred to

2481
01:56:51,360 --> 01:56:53,760
investigate prohibited discharges,

2482
01:56:53,760 --> 01:56:56,560
protect the POTW, restore treatment

2483
01:56:56,560 --> 01:56:58,320
operations, and enforce the city's

2484
01:56:58,320 --> 01:57:01,440
pre-treatment or program.

2485
01:57:01,440 --> 01:57:03,199
Based upon the finding effects, the

2486
01:57:03,199 --> 01:57:04,639
board concludes that the city's

2487
01:57:04,639 --> 01:57:06,960
requested cost including sampling,

2488
01:57:06,960 --> 01:57:10,320
laboratory analysis, wet testing, catac

2489
01:57:10,320 --> 01:57:12,639
cat cationic

2490
01:57:12,639 --> 01:57:15,920
surfactant testing, biological receding,

2491
01:57:15,920 --> 01:57:18,960
neutraqu and related treatment measures,

2492
01:57:18,960 --> 01:57:22,000
engineering consulting, consultation,

2493
01:57:22,000 --> 01:57:25,040
regul regulatory response, ODQ

2494
01:57:25,040 --> 01:57:27,280
compliance efforts, wildlife related

2495
01:57:27,280 --> 01:57:29,920
cost, employee time and associated

2496
01:57:29,920 --> 01:57:32,800
enforcement expenses. expenses were

2497
01:57:32,800 --> 01:57:35,840
reasonably and necessarily incurred as a

2498
01:57:35,840 --> 01:57:38,400
result of midcontinence violations. The

2499
01:57:38,400 --> 01:57:40,639
penalties and cost recovery sought by

2500
01:57:40,639 --> 01:57:43,119
the city are authorized by the sewer use

2501
01:57:43,119 --> 01:57:45,599
ordinance and are reasonable in light of

2502
01:57:45,599 --> 01:57:48,239
nature of the violation. The operational

2503
01:57:48,239 --> 01:57:51,280
disruption to the POW, the city's

2504
01:57:51,280 --> 01:57:53,760
regulatory exposure, the downstream

2505
01:57:53,760 --> 01:57:55,840
environmental consequences, and the

2506
01:57:55,840 --> 01:57:58,080
resources required to investigate,

2507
01:57:58,080 --> 01:58:01,040
remediate, and prevent reoccurrence.

2508
01:58:01,040 --> 01:58:04,800
MidCon's violation of permit number 021

2509
01:58:04,800 --> 01:58:07,280
cause response cost incurred by the city

2510
01:58:07,280 --> 01:58:13,750
in the amount of 14,79946.

2511
01:58:13,760 --> 01:58:15,360
The amounts are assessed to

2512
01:58:15,360 --> 01:58:18,480
mid-continent which is ordered to pay

2513
01:58:18,480 --> 01:58:20,719
the amounts within 10 days of the date

2514
01:58:20,719 --> 01:58:23,840
of this final order. Response costs

2515
01:58:23,840 --> 01:58:26,719
include enforcement costs are ongoing.

2516
01:58:26,719 --> 01:58:30,239
The city may sub subsequentially assess

2517
01:58:30,239 --> 01:58:32,000
its enforcement cost against

2518
01:58:32,000 --> 01:58:34,400
Midcontinent. Midcontinent is entitled

2519
01:58:34,400 --> 01:58:38,080
to appear any sub subsequent

2520
01:58:38,080 --> 01:58:40,080
assessment under the terms of the Enid

2521
01:58:40,080 --> 01:58:43,440
code of ordinances. Order.

2522
01:58:43,440 --> 01:58:46,320
It is therefore ordered in a judge that

2523
01:58:46,320 --> 01:58:49,360
one Midcontinent violated the general

2524
01:58:49,360 --> 01:58:51,920
prohibited discharge provisions of Enid

2525
01:58:51,920 --> 01:58:55,040
code 8-3A-8.

2526
01:58:55,040 --> 01:58:56,960
the requirements of the industrial user

2527
01:58:56,960 --> 01:59:00,159
permit number 021 and the city's

2528
01:59:00,159 --> 01:59:02,960
pre-treatment program by discharging QAC

2529
01:59:02,960 --> 01:59:05,360
containing wastewater that caused or

2530
01:59:05,360 --> 01:59:08,159
contributed to interference with the

2531
01:59:08,159 --> 01:59:12,159
POTW toxic effects within the biological

2532
01:59:12,159 --> 01:59:15,199
treatment process impairment of the

2533
01:59:15,199 --> 01:59:19,119
city's OPDES NPDES compliance

2534
01:59:19,119 --> 01:59:22,000
obligations and other prohibited

2535
01:59:22,000 --> 01:59:24,560
conditions identified in the sewer use

2536
01:59:24,560 --> 01:59:25,520
ordinance.

2537
01:59:25,520 --> 01:59:29,280
Two, notice of violations number 001 is

2538
01:59:29,280 --> 01:59:32,880
affirmed. Three, administrative order

2539
01:59:32,880 --> 01:59:36,880
and amended ad administrative order

2540
01:59:36,880 --> 01:59:38,960
number

2541
01:59:38,960 --> 01:59:41,520
01 are affirmed.

2542
01:59:41,520 --> 01:59:44,080
Four, midcontinent shall comply with the

2543
01:59:44,080 --> 01:59:45,760
corrective measures set forth in

2544
01:59:45,760 --> 01:59:47,840
administrative order and administrative

2545
01:59:47,840 --> 01:59:51,599
orders numbers

2546
01:59:51,599 --> 01:59:53,199
001

2547
01:59:53,199 --> 01:59:55,520
five. Mid-Continent shall comply with

2548
01:59:55,520 --> 01:59:58,639
all corrective measures imposed herein.

2549
01:59:58,639 --> 02:00:01,280
Six, the city is awarded recoverable

2550
02:00:01,280 --> 02:00:06,790
cost in the amount of 104,799

2551
02:00:06,800 --> 02:00:09,920
46. This is the amount shall be paid to

2552
02:00:09,920 --> 02:00:12,639
the city within 30 days of the appealing

2553
02:00:12,639 --> 02:00:14,800
party's receipt of the judgment of the

2554
02:00:14,800 --> 02:00:17,280
board. The city's environmental

2555
02:00:17,280 --> 02:00:20,320
compliance officer may proceed with any

2556
02:00:20,320 --> 02:00:22,880
additional enforcement cost she finds

2557
02:00:22,880 --> 02:00:25,760
necessary under the city's code. This

2558
02:00:25,760 --> 02:00:28,080
decision is final unless appealed

2559
02:00:28,080 --> 02:00:32,880
pursuant to 12 Oklahoma State 951 to the

2560
02:00:32,880 --> 02:00:35,760
Garfield County District Court within 30

2561
02:00:35,760 --> 02:00:38,239
days of the appealing party's receipt of

2562
02:00:38,239 --> 02:00:40,960
the judgment of the board. Wherefore,

2563
02:00:40,960 --> 02:00:42,960
these findings of fact and conclusions

2564
02:00:42,960 --> 02:00:45,760
of law are issued as the final judgment

2565
02:00:45,760 --> 02:00:47,679
of the Environmental Enforcement Board

2566
02:00:47,679 --> 02:00:50,320
as reflected by a vote held in public

2567
02:00:50,320 --> 02:00:54,800
session on August 11th, 2026.

2568
02:00:54,800 --> 02:00:56,070
>> Do I have a motion to

2569
02:00:56,070 --> 02:00:56,080
» Do I have a motion to

2570
02:00:56,080 --> 02:00:57,270
>> There's There needs to be one

2571
02:00:57,270 --> 02:00:57,280
» There's There needs to be one

2572
02:00:57,280 --> 02:01:00,320
correction. If you'll scroll back up

2573
02:01:00,320 --> 02:01:04,950
to

2574
02:01:04,960 --> 02:01:07,199
» Scroll back. Are you talking about on

2575
02:01:07,199 --> 02:01:10,470
>> um scroll up just a little further? The

2576
02:01:10,470 --> 02:01:10,480
» um scroll up just a little further? The

2577
02:01:10,480 --> 02:01:11,599
this

2578
02:01:11,599 --> 02:01:14,229
>> uh the amounts it should be 30 days of

2579
02:01:14,229 --> 02:01:14,239
» uh the amounts it should be 30 days of

2580
02:01:14,239 --> 02:01:15,920
the date of the final order there.

2581
02:01:15,920 --> 02:01:18,229
>> So your motion will need to include that

2582
02:01:18,229 --> 02:01:18,239
» So your motion will need to include that

2583
02:01:18,239 --> 02:01:20,239
amendment to the

2584
02:01:20,239 --> 02:01:21,830
>> order.

2585
02:01:21,830 --> 02:01:21,840
» order.

2586
02:01:21,840 --> 02:01:24,480
Okay. So 30 days.

2587
02:01:24,480 --> 02:01:27,750
>> So do I have a motion to amend that?

2588
02:01:27,750 --> 02:01:27,760
» So do I have a motion to amend that?

2589
02:01:27,760 --> 02:01:28,870
>> Do we we do that?

2590
02:01:28,870 --> 02:01:28,880
» Do we we do that?

2591
02:01:28,880 --> 02:01:31,109
>> It would just be a motion to amend. I

2592
02:01:31,109 --> 02:01:31,119
» It would just be a motion to amend. I

2593
02:01:31,119 --> 02:01:34,400
will make a motion to approve

2594
02:01:34,400 --> 02:01:35,189
>> order as

2595
02:01:35,189 --> 02:01:35,199
» order as

2596
02:01:35,199 --> 02:01:39,189
>> with with the amendment

2597
02:01:39,189 --> 02:01:39,199
» with with the amendment

2598
02:01:39,199 --> 02:01:42,629
>> of 30 days. Y

2599
02:01:42,629 --> 02:01:42,639
» of 30 days. Y

2600
02:01:42,639 --> 02:01:43,350
>> I'll second.

2601
02:01:43,350 --> 02:01:43,360
» I'll second.

2602
02:01:43,360 --> 02:01:52,310
>> Okay. Cast your ballot.

2603
02:01:52,320 --> 02:01:53,119
» It's not working.

2604
02:01:53,119 --> 02:01:54,390
>> It's not working. It's not working.

2605
02:01:54,390 --> 02:01:54,400
» It's not working. It's not working.

2606
02:01:54,400 --> 02:01:57,669
>> The amendment was on the time to pay the

2607
02:01:57,669 --> 02:01:57,679
» The amendment was on the time to pay the

2608
02:01:57,679 --> 02:01:59,350
>> Yeah, it said 10 days one place. It

2609
02:01:59,350 --> 02:01:59,360
» Yeah, it said 10 days one place. It

2610
02:01:59,360 --> 02:02:00,880
should be it should have read 30 days.

2611
02:02:00,880 --> 02:02:05,109
>> 30 days. Thank you.

2612
02:02:05,119 --> 02:02:07,040
» Just vote by show of hands.

2613
02:02:07,040 --> 02:02:08,790
>> Oh yeah, sure.

2614
02:02:08,790 --> 02:02:08,800
» Oh yeah, sure.

2615
02:02:08,800 --> 02:02:13,669
>> It might be working.

2616
02:02:13,679 --> 02:02:18,639
» Okay. Catch your ballots. Passes 40.

2617
02:02:18,639 --> 02:02:20,639
Number five. Public comment.

2618
02:02:20,639 --> 02:02:21,510
>> Is there anyone signed up?

2619
02:02:21,510 --> 02:02:21,520
» Is there anyone signed up?

2620
02:02:21,520 --> 02:02:24,070
>> None. I don't think anyone signed up.

2621
02:02:24,070 --> 02:02:24,080
» None. I don't think anyone signed up.

2622
02:02:24,080 --> 02:02:27,589
>> Okay. Do I have a motion to adjurnn?

2623
02:02:27,589 --> 02:02:27,599
» Okay. Do I have a motion to adjurnn?

2624
02:02:27,599 --> 02:02:29,599
I will make a motion to adjurnn.

2625
02:02:29,599 --> 02:02:30,790
>> I'll second it.

2626
02:02:30,790 --> 02:02:30,800
» I'll second it.

2627
02:02:30,800 --> 02:02:34,070
>> All right. Cast your ballot.

2628
02:02:34,070 --> 02:02:34,080
» All right. Cast your ballot.

2629
02:02:34,080 --> 02:02:39,679
It passes. Four zero. Motion journ.

2630
02:02:39,679 --> 02:02:43,679
See you guys time.